Our Feedback and Procedures cover all forms of feedback including complaints, compliments, concerns and suggestions and apply to all recipients of home care. This document only covers the complaints and concerns aspects of feedback, including those that may be handled as a whistleblowing disclosure.
Whistleblower disclosures can be made if you think we have breached our obligations under the Aged Care Act. More information about this can be found in section 2 of this document.
- Complaints and Concerns
a) Raising a complaint directly with us.
You, your legal representative, a supporter or family may raise a complaint or concern with us in any of the following ways:
- (i) Speaking to the nurse in charge, the Clinical Manager or Service Manager.
- (ii) Filling out a Feedback Form (located throughout the home) and placing it the feedback box.
- (iii) Use the online portal https://www.mercyhealth.com.au/our-structure/consumer-engagement/providing-feedback/
- (iv) Contact our independent Aged Care Feedback Team by:
- Phone – (03) 8416 7942 (staffed Monday – Friday, voicemail options for Saturday, Sunday and public holidays)
- Email – [email protected]
- Letter – Aged Care Feedback Team, Mercy Health, Level 2, 12 Shelley Street, Richmond, Vic 3121
b) How to make a complaint or raise a concern to an external body
You can also make a complaint or raise a concern with the Aged Care Complaints Commissioner on 1800 951 822.
c) Access to advocates, language services and other assistance
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- (i) You can access an advocate through the following
- The National Aged Care Advocacy Program (NACAP) provides free, confidential, and independent advocacy support to aged care consumers and their families.
- NACAP is delivered by the Older Persons Advocacy Network (OPAN), with locations in each state and territory.
- To find out more, visit the OPAN website or call 1800 700 600
- (ii) If you need an interpreter, just ask us and we can arrange one for you.
- Interpreters are available via phone and in person.
- We can also have access to Google Translate which may be of assistance to you.
- (i) You can access an advocate through the following
d) Managing complaints and concerns
There is no cost to you for making a complaint or raising a concern.
All complaints and concerns will be dealt with fairly and objectively.
We will ask you what you would like the outcome to be (e.g. change in practice, apology, staff education) and will work towards that where possible.
Unless the feedback was given anonymously, we will consult with you. Where you are not the client, we will consult with the client and their supporter (if that is not you, and with the client’s consent). Where the client is not able to be consulted, we will consult with their supporter.
We will investigate each complaint or concern taking into consideration the nature of the issue. In carrying out our investigation, we will make every effort to locate evidence to support any claims or allegations made in a complaint or concern. We will keep you, or the person who provided complaint or concern on your behalf, up to date on progress including the reasons for the outcome of the investigation. If the complaint or concern was made anonymously we will not be able to do this.
We keep information you provide us in the complaint or concern confidential and we will only disclose it as we are required to by law or in order to investigate the complaint or concern.
e) Anonymous or confidential complaints and concerns
You can make a complaint or concern anonymously (we don’t know who you are) or confidentially (the office’s Manager or the Aged Care Feedback Team will know who you are but does not inform the people named in or involved in the investigation of the complaint or concern). You need to let us know that you wish your complaint or concern to be confidential at the time of making it.
We will try to investigate anonymous complaints and concerns but our ability to do a full investigation may be limited.
f) No victimisation
Mercy Health does not tolerate victimisation or threats of victimisation.
We will take all reasonable steps to ensure that whoever makes a complaint or raises a concern, is not negatively impacted or victimised as a result of the making of the complaint or, raising the concern. This includes no threats and no reprisals.
We will address any issues or concerns of victimisation or threats of victimisation, including by:
- (i) educating and training our staff about victimisation; and
- (ii) taking action, including disciplinary action, against any staff engaging in victimisation or threats of victimisation.
- Whistleblower disclosures
Whistleblowing is when you disclose information to us because you believe that we may have breached the Aged Care Act. Whistleblower disclosures have legal protections under the Aged Care Act.
We will protect the identity of the whistleblower and protect the whistleblower from any victimisation. We will not disclose information about the identity of the whistleblower without their consent or as required by the Aged Care Act, for instance to a police officer, the Department of Health or the Complaints Commissioner.
(a) Making a whistleblower disclosure
You and your supporters can make a whistleblower disclosure.
Any other person who becomes aware of information about a breach of the Act may also make a whistleblower disclosure.
You can make a whistleblowing disclosure to any of the following people (refer to 1.1 for details of the internal options):
- directly to staff providing care to you (or another Mercy aged care worker);
- management staff at your residential aged care home;
- directly to our Aged Care Feedback Team;
- to certain people known as ‘responsible persons’. These include regional managers, Mercy Health board members and our executive team;
- to the Aged Care Quality and Safety Commission;
- to the Aged Care Complaints Commissioner;
- to the Department of Health and Aged Care (including the System Governor, or an official of the Department);
- to a police officer;
- to an independent aged care advocate.
If you choose to make a whistleblower disclosure to an external body, you can contact them and request information about their disclosure process,
(b) How to make a whistleblowing disclosure to us
You can make a whistleblower disclosure to us in the same way that you would make a complaint or raise a concern (see section 1.1).
If you wish to make a disclosure to a Mercy Health responsible person, contact the Aged Care Feedback Team for names, roles and contact details. Whistleblowing disclosures are all treated in exactly the same manner regardless of who the disclosure is made to.
You can make an anonymous disclosure (we don’t know who you are).
If you want the disclosure to be treated as an anonymous disclosure it is preferable that you make your disclosure to our Aged Care Feedback Team who act as the Whistleblower Reporting Manager, however you can choose to make it to anyone listed in section 2.1.
(c) How we investigate disclosures
We treat all disclosures seriously and, where appropriate, they will be investigated using the process set out in our Aged Care Whistleblowers Procedure which contains the steps we must take under the Aged Care Act. We will, for example, gather evidence, interview relevant people, and make decisions on any further actions needed when the investigation is complete.
(d) How we support whistleblowers
We will support all whistleblowers while a disclosure is being investigated by:
- obscuring information that may identify the whistleblower; and
- referring to the whistleblower in a gender-neutral way; and
- where possible, contacting the whistleblower to help identify certain aspects of the disclosure which may unintentionally identify them; and
- having disclosures handled by qualified and appropriate people; and
- assessing the immediate welfare and protection needs of a whistleblower; and
- safeguarding the interests of a whistleblower in line with the requirements of the Aged Care Act, which are contained in our Aged Care Whistleblower Procedure.
(e) No victimisation
The Aged Care Act prevents the victimisation or threats of victimisation of whistleblowers who make disclosures to us. Refer to 1.6 above.
(f) Protection from liability
Whistleblowers are protected under the Aged Care Act, from any civil, criminal or administrative liability for making a disclosure.
(g) What to do if you have not been protected under this policy as a whistleblower
If a whistleblower believes:
- (i) that they are being victimised or threatened with victimisation after making a disclosure; or
- (ii) that their confidentiality or anonymity has been breached; or
- (iii) that they have not been given the protections under this policy,
they must report this to the Aged Care Feedback Team.
3. Further Information
If you require assistance in understanding this policy or require translation of this document in order to understand it, please contact the Aged Care Feedback Team (refer to 1.1).