When something goes wrong in aged care, speaking up can be a powerful way for older people to maintain control over their lives.
Complaints are a critical mechanism for protecting the rights, safety and wellbeing of older people. The Aged Care Quality and Safety Commission is the national regulator responsible for overseeing provider compliance and responding to concerns about government-funded aged care services.
Recent reforms under the Aged Care Act 2024 have shifted the system toward a rights-based approach, placing complaints at the centre of how older people’s rights are upheld. A key change is the introduction of an independent Aged Care Complaints Commissioner, responsible for overseeing how complaints are managed and improving accountability and accessibility.
These reforms were largely driven by the Royal Commission and subsequent reviews, which found the system was not working as it should – with low trust, limited transparency, and too many complaints that were slow, confusing or left unresolved.
For National Older Persons Reference Group member Ross Bell, those issues are not abstract. They reflect what he has seen firsthand.
‘He was reluctant to complain’
Ross has supported friends through the complaints process and those experiences left a lasting impression on him.
One of those experiences involved a friend who moved into residential aged care after living independently for most of his life.
‘After a lifetime of making his own life choices, he found others now chose when he’d wake up, what he’d eat and when he’d take his medication,’ Ross recounted. ‘His shower was a task for a stranger to tick off.’
Ross said his friend felt increasingly isolated and dependent on staff — but was hesitant to speak up.
‘As his closest supporter, he told me that he’d been roughly handled in the shower by one of the care workers the day before. I believed him.’
Ross supported his friend to make a complaint, but he found the process disappointing.
Ross Bell, National Older Persons Reference Group Member
‘The facility said there was no evidence to support the claim. Fearful of reprisal, my friend did not persist.’
‘There was no one to advocate’
In another instance, Ross supported a non-binary friend following a stroke.
Their family re-entered their life and made decisions about their care, including that they would be addressed by their birth name and incorrect pronouns.
‘The staff simply conceded to the family’s wishes. There was no one to advocate for my friend,’ Ross said.
He believes both experiences highlight the importance of ensuring care reflects the person’s own wishes and identity.
‘As isolated people, they represent what I see as the canary in the coal mine. If we can get aged care right for them, we have a real chance of creating a system that treats people with fairness and equity.’
Clarity, purpose and being heard
Drawing on these experiences, Ross emphasised the importance of clarity when making a complaint.
‘The most important question is: what is it that you want to get out of this process?’ he said. ‘Without a clear objective or goal, it’s very hard to measure whether your complaint has been successful.’
He also stressed the importance of support – whether from a trusted friend, an independent aged care advocate (free though OPAN’s nine network members) or a health professional.
‘Whoever it is, they should be on your side. This is not a situation where you need someone who revels in neutrality.’
Keeping records can also be critical.
‘A private record of your journey is invaluable. It can be a source of support and a way to track what’s happened over time.’
At the same time, Ross acknowledged that complaints can take time and energy.
‘Not everyone will agree with you. Another person’s version of events may be different. You may need to think about what a compromise looks like.’
Rights, reform and reality
Ross said the new rights-based framework is an important step – but he believes translating those rights into practice remains the real challenge.
‘The list of human rights in legislation and the statements on the wall stand for something,’ he said. ‘But it’s easy to get lost in the words.’
For him, it comes back to something simpler.
‘When I ask for services, I ask that people treat me with kindness – that they respect me as a person, not as a task to be done or a box to be ticked.’
Ross also shared his personal views on how the system could be strengthened, including his belief that stronger accountability measures may be needed – though he acknowledges this is not a view held by all organisations in the sector.
He is also cautious about how much change can be driven through regulation alone.
‘Regulation has a place, but the real challenge is building a motivated and dedicated workforce,’ he said. ‘We should be aiming for much more than just meeting minimum standards.’
‘This is my life. These are my rights.’
Despite his concerns, Ross is clear on one thing: the right to speak up matters.
‘I can only speak for myself – This is my body. This is my life. These are my rights.’
Ross said complaints must be taken seriously if aged care is to genuinely reflect the needs and wishes of the people it serves.
‘There are genuine and realistic attempts to do this, but there is still a long way to go.’
He believes that strength comes from community.
‘Advocates have a role, but often it’s friends and family who are there beside you.
‘Lodging a complaint is a big step – but it’s part of asserting your right to high-quality care – on your terms,’ he said.