Aged care whistleblowing
Whistleblowing occurs when information is disclosed to us (in writing or verbally) and the discloser has reasonable grounds to suspect that the information indicates that WH may have breached the Aged Care Act 2024 (Cth) (Aged Care Act). A disclosure can be made anonymously.
Who can make a whistleblowing disclosure?
A disclosure can be made by any person who is:
- Accessing funded aged care services
- A supporter of someone accessing funded aged care services
- A responsible person
- An aged care worker
- An individual who becomes aware of information the disclosure of which would be protected under the Aged Care Act.
To whom can a disclosure be made?
A disclosure can be made to:
- the Aged Care Quality and Safety Commission (ACQSC) (including the Commissioner or a staff member of the ACQSC);
- the Department of Health and Aged Care (Department) (including the System Governor, or an official of the Department);
- a registered provider (including WH);
- a responsible person of a registered provider;
- an aged care worker of a registered provider;
- a police officer;
- an independent aged care advocate.
Aged care workers and responsible persons who receive whistleblowing disclosures must report the disclosures to WH’s Public Interest Disclosure Co-ordinator via [email protected]
How to make a whistleblowing disclosure to an external body
Disclosures made to any external bodies, including the Department and ACQSC, may be made in accordance with the directions of that external body. This may include contacting them in writing through their website or calling them on their available numbers.
How WH will investigate disclosures
All disclosures will be treated seriously and, where appropriate, will be investigated in in accordance with our procedures.
In carrying out our investigation, we will attempt to locate evidence to support any claims or allegations made in a whistleblowing disclosure. If our investigation does not establish a breach of the Aged Care Act, we will consider your complaint or feedback in accordance with our feedback process.
You can find out more about our feedback process here on our feedback page.
How WH will support whistleblowers and ensure their fair treatment
We will support all whistleblowers while a disclosure is being investigated, including by:
- maintaining the confidentiality (and anonymity, where requested) of all whistleblowers, including by:
- redacting relevant information;
- referring to the whistleblower in a gender-neutral context;
- where possible, contacting the whistleblower to help identify certain aspects of their disclosure which may inadvertently identify them; and
- having disclosures handled by qualified and appropriate staff;
- assessing the immediate welfare and protection needs of any whistleblower;
- safeguarding the interests of a whistleblower in accordance with this policy and our obligations under the Aged Care Act;
- addressing any issues or concerns of victimisation or threats of victimisation, including by:
- educating and training recipients of disclosures to ensure they can identify victimisation and threats of victimisation;
- taking action, including disciplinary action, against any recipients of disclosures (including staff) engaging in victimisation or threats of victimisation.
Victimisation and threats of victimisation will not be tolerated.
Protection from liability
Under the Aged Care Act, whistleblowers are protected from:
- any civil, criminal or administrative liability (including disciplinary action) for making a disclosure;
- any contractual or other kind of remedy being enforced or exercised against the whistleblower on the basis of the disclosure, including termination on the basis that disclosure constitutes breach of the contract.
What to do if you have not been protected as a whistleblower
Any whistleblowers who have a reasonable belief:
- that they are being victimised or threatened with victimisation as a result of any disclosure (or the belief or suspicion of a disclosure);
- that their confidentiality or anonymity has been breached under this policy; or
- that they have not been afforded any of the protections under this policy,
- must report this behaviour to the Public Interest Disclosure Co-ordinator.