Aged Care Advocacy, OPAN and Complaints (Australia 2026)

Raising a concern about your mum or dad's care is hard. You may feel you'll be seen as difficult, or worry the care will suffer if you speak up. That fear is common, and it is exactly why free advocacy exists. An aged care advocate stands beside you (or beside the older person directly) to help you understand your rights, work out your options, and have the conversation you've been dreading.

OPAN, the Older Persons Advocacy Network, is the national peak body for individual aged care advocacy. It is a network of nine independent, not-for-profit organisations covering every state and territory, funded by the Australian Government to support older people receiving or seeking government-funded aged care. Their support is free, independent of providers, and confidential.

You can reach the National Aged Care Advocacy Line on 1800 700 600, Monday to Friday 8am-8pm and Saturday 10am-4pm (AEST). An advocate can help you whether your parent lives at home with a Support at Home package or in a residential aged care home. They can sit in on a meeting with the provider, help you write a complaint, or simply talk through what's reasonable to expect. This is general support, not legal or financial advice, but it's the right first call when you're not sure where to start.

On 1 November 2025, a new rights-based Aged Care Act 2024 replaced the old law. For families, the headline change is the Statement of Rights, which clearly sets out what an older person is entitled to expect: safe and quality care, dignity and respect, independence and choice, to be listened to, and to make a complaint without being punished for it.

Alongside the Statement of Rights, the Quality Standards have been strengthened and providers must follow the Aged Care Code of Conduct. Crucially for anyone afraid to speak up, the new Act expands whistleblower protections. Anyone, including older people, family members, carers, workers and advocates, can make a disclosure, and the law protects you from being punished, threatened or treated unfairly, and protects your identity except in limited circumstances or with your consent. Reports can be made in person, by phone, in writing, or anonymously.

The reform also reframed how complaints are handled: the Aged Care Quality and Safety Commission now runs a rights-based, restorative complaints process focused on meaningful outcomes and continuous improvement, not just box-ticking. This is general information about your rights, not personal advice. If a decision affects your parent's finances or legal standing, also speak to the free official services listed further down.

Most concerns are resolved fastest by talking to the service directly, and many providers genuinely want to fix problems. OPAN suggests a simple, calm approach. Write down your concerns first (or talk them through with a family member or advocate) so you're clear on what you want to change. Then speak to staff, politely but plainly, about what's wrong and what outcome you're hoping for.

Keep a record. Note dates, names, what was said, and any promises made. If nobody responds within a few days, call back. If the first person can't help, ask to speak to someone more senior, such as the facility manager or the provider's complaints officer. Every aged care provider is required to have a complaints and feedback system that resolves issues quickly and openly, and that protects you from reprisal.

Remember your right to complain without fear. As OPAN puts it, you have the right to complain or report an issue without being punished or treated unfairly, and speaking up often makes the service better for everyone. If you'd rather not do this alone, call OPAN on 1800 700 600 and an advocate can help you prepare, or be there with you.

If raising it with the provider doesn't work, or you don't feel safe doing so, you can complain to the Aged Care Quality and Safety Commission. You do not have to try the provider first. Call the free complaints line on 1800 951 822, lodge an online complaint form, or write to them. You can also email [email protected].

You choose how your complaint is handled. It can be open (your name is shared with the provider), confidential (the Commission knows who you are but doesn't tell the provider), or anonymous (you give no identifying details at all). When you contact them, a complaints officer acknowledges your complaint, assesses the issues and the level of risk to the older person, discusses the outcome you want, and explains your options.

To resolve a complaint the Commission may work directly with you and the provider for an early resolution, refer it to conciliation, or carry out an investigation. They can speak to clinical experts, request information, visit the service, and require the provider to make changes. Their focus under the new Act is on practical, restorative outcomes that actually improve care. An OPAN advocate can lodge or support your complaint with you if you'd prefer not to do it alone.

If you're worried an older person is being abused, neglected, or financially exploited (including by a family member), call 1800 ELDERHelp on 1800 353 374. It's a free national line, set up with state and territory governments, that automatically redirects you to the elder abuse information and support service in your state or territory. Important: it is not a crisis line, and hours vary between states. If an older person is in immediate danger or has been seriously hurt, call 000 straight away.

Financial abuse, such as misuse of a parent's money or pressure over their will or assets, is a real and common form of elder abuse. Where someone holds an enduring power of attorney or guardianship and isn't acting in the older person's best interests, an interested party (often another family member) can apply to the relevant state or territory tribunal, such as VCAT in Victoria, NCAT in NSW or QCAT in Queensland, which can review, change or revoke the arrangement and appoint a guardian or administrator. The state Public Advocate or Public Guardian can also investigate.

Abuse occurring within a government-funded aged care service should also be reported to the Aged Care Quality and Safety Commission on 1800 951 822, and serious incidents in residential care fall under the provider's mandatory reporting obligations. This is general information, not legal advice. An OPAN advocate (1800 700 600) can help you navigate which door to knock on first.

Most complaints are resolved by the provider or the Commission. But if you've been through the Commission and you disagree with its decision about your complaint, you can ask the Commission to review that decision. If you're concerned about how the complaints system itself is working, the Inspector-General of Aged Care is an independent statutory office that oversees and reviews how government agencies regulate providers and manage complaints across the aged care system. The Inspector-General looks at systemic issues, not individual case outcomes.

Throughout any escalation, an OPAN advocate can keep supporting you, free of charge. Advocates understand the system, can attend meetings, help you write to the Commission, and make sure the older person's voice stays at the centre of decisions. You can re-engage them at any stage on 1800 700 600.

Keep your records together as you go: a simple folder or notebook with dates, names, what was said, and copies of letters and emails makes every later step easier and stronger.

My Aged Care (1800 200 422, Monday to Friday 8:30am-5:30pm, closed Sundays and public holidays) is the front door to government-funded aged care, including assessments and finding services. If you're overseas, call +61 2 6289 1555 and ask for My Aged Care.

For money questions, such as how aged care fees and contributions work or how a decision affects a pension, Services Australia's Financial Information Service is free and independent. Call the Older Australians Line on 132 300 (Monday to Friday 8am-5pm) and say Financial Information Service. This is information and education to help you decide, not personal financial advice.

If dementia is part of your family's picture, the National Dementia Helpline (1800 100 500) is free, confidential and runs 24 hours a day, 7 days a week, every day of the year, with live chat and email options too. For anyone who needs a language other than English, the free Translating and Interpreting Service is 131 450, and the National Relay Service (133 677) supports people who are deaf or have hearing or speech difficulty. None of these services cost a cent, and using them is your right.