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Legislation and Policies

Our legislation

The Aged Care Complaints Commissioner works under the Aged Care Act 1997 (the Act) and the Complaints Principles 2015 (the Principles).

Our primary functions, as set out in the legislation, are to:

  • Resolve complaints about aged care services.
  • Educate people and aged care providers about the best ways to handle complaints and the issues they raise.
  • Provide information to the Minister in relation to any of the Complaints Commissioner’s functions, if requested.

The Aged Care Act 1997 is the overarching legislation that outlines the obligations and responsibilities that aged care providers must follow to receive subsidies from the Australian Government.

The Guide to Aged Care Law is an online resource with easy to use, plain-English text that helps approved providers to understand their responsibilities and obligations under the Act. This Guide replaced the Residential Care Manual.

The Complaints Principles 2015 provide for a flexible and proportionate approach that focuses on protecting care recipients and effective and timely complaint resolution. Resolution options include early resolution, investigation, approved provider (service provider) resolution, conciliation and mediation. The explanatory statement summarises the elements of the Complaints Principles 2015.

Our policies

Our work is supported by a number of policies and documents. These include:

Other legislation related to aged care

Other legislation related to aged care complaints and accreditation includes: