Aged care advocacy: free help from OPAN, and where complaints go

What an aged care advocate does

An aged care advocate is an impartial person who listens to your situation and then gives information and support. They are always on the older person's side, they are guided by what that person wants, and they will not talk to anyone unless the person wants them to.

My Aged Care (the Australian Government's aged care service, 1800 200 422) lists what an advocate can help with:

• understanding aged care services or fees
• getting the most from services
• decision-making options
• knowing and understanding aged care rights
• speaking with the provider, at the older person's direction
• resolving concerns or complaints with a provider
• building the skills and confidence to speak up for yourself
• raising concerns when someone is not being treated respectfully, fairly or appropriately.

Families usually call when a parent is finding it hard to get services, has a concern about their services, feels their needs are not being met, or wants to make a complaint. Advocacy covers care at home and in aged care homes, for people seeking, waiting for or already receiving government-funded aged care.

You do not need a crisis to call. An advocate can simply explain what is reasonable to expect, so you know whether to push harder or let something go.

Source: My Aged Care: seeking support from an advocate

OPAN and the advocacy service in your state

The Australian Government funds the Older Persons Advocacy Network (OPAN) to deliver the National Aged Care Advocacy Program. OPAN is the national peak body for individual aged care advocacy, plus a network of nine state and territory member organisations. OPAN says it helps tens of thousands of older people resolve issues with government-funded aged care each year.

You do not need to work out which organisation to call. The Aged Care Advocacy Line, 1800 700 600, connects you to the right one. If you would rather contact your state's organisation directly:

Several members also work in related areas. Seniors Rights Service and Darwin Community Legal Service give legal advice as well as advocacy, and Aged Rights Advocacy Service also works on abuse prevention.

Source: Older Persons Advocacy Network: our national network

How to get an advocate

1. Talk to your parent first, if you can. The advocate works for them, so they will want your parent's permission before acting. A first call together often works well.
2. Call 1800 700 600 (Monday to Friday 8am to 8pm, Saturday 10am to 4pm), or fill in the request form on the OPAN website. If you use the form, the organisation in your state calls back, possibly from a private number, so answer unknown calls for a few days.
3. Explain the problem briefly. Who it affects, which provider, what has happened, what you have already tried, and what outcome your parent wants. Have your notes and any emails handy.
4. Agree the next step. Sometimes information is enough. Sometimes the advocate coaches you to raise it yourself. Sometimes they contact the provider or come to a meeting with you, at your parent's direction.
5. Keep them in the loop. If the provider promises something, tell the advocate what was promised and by when.

Extra support

• If you need an interpreter, TIS National (131 450) can connect you to one for phone calls.
• Older Aboriginal and Torres Strait Islander people and their families can also get help from the Elder Care Support program.
• People with disability can also look at the National Disability Advocacy Program.
• If you would rather speak up yourself, OPAN's self-advocacy toolkit has step-by-step guides and checklists for care at home and in aged care homes.

Source: My Aged Care: seeking support from an advocate

What an advocate can and cannot do

An advocate can

• explain the older person's rights under the Statement of Rights, and their options
• help the person make decisions that affect their quality of life
• discuss what action they could take, and help plan what to say
• support them when they raise an issue with the provider or with the Aged Care Quality and Safety Commission, at any stage
• represent them when they deal with their provider, if they want that.

An advocate will not

• Make decisions for the older person. Under the Aged Care Act, an independent aged care advocate acts at the direction of the person, reflecting their expressed wishes, will and preferences.
• Take the family's side against the older person. If you and your parent disagree, the advocate follows your parent.
• Act without permission. The Commission notes that an advocate will always ask permission before acting.
• Act as a regulator. Advocates are independent of the Department of Health, Disability and Ageing, the Commission and providers. If a provider will not fix a problem, the advocate can support a complaint to the Commission, which has the powers to act.

Rules that protect access to an advocate

With the older person's consent, providers must allow independent advocates to see the person where they receive care, and help them access records the person has a right to see. OPAN's guidance for providers says they should not stop an older person from seeing an advocate because a registered supporter or substitute decision-maker says no: the right belongs to the older person. Someone employed by the provider cannot be the person's independent advocate.

Under the Act, an older person can choose any advocate, including a family member, friend, registered supporter, lawyer or paid advocate. Currently, only advocates employed by OPAN's member organisations are "independent aged care advocates" under the Act, and their help costs nothing.

Source: Aged Care Quality and Safety Commission: aged care complaints FAQs (useful services)

When the problem is abuse, neglect or money

Elder abuse can be financial, psychological, physical or sexual, or it can be neglect.

• Immediate danger or a crime in progress: call 000.
• Worried about abuse, neglect or financial exploitation: call 1800ELDERHelp (1800 353 374). It is a free call that automatically redirects you to the elder abuse information and support service in your state or territory. It was set up with state and territory governments. It is not a crisis service, and hours vary between states.
• In Victoria: Seniors Rights Victoria, 1300 368 821. My Aged Care lists the elder abuse helpline for each state and territory.
• Information and a support directory: the Compass website.

OPAN's advocates also support people experiencing elder abuse, and can help you work out which door to knock on first.

Abuse inside an aged care service

Report it to the provider and to the Aged Care Quality and Safety Commission (1800 951 822). Providers must report serious incidents, including abuse, neglect, unreasonable use of force and stealing or financial coercion by a staff member, to the Commission under the Serious Incident Response Scheme: within 24 hours for the most serious (Priority 1) incidents, and within 30 days for others. If an incident may be a crime, the provider must also notify police within 24 hours.

When the problem is an attorney or guardian

If someone holding a power of attorney or guardianship seems to be misusing it, My Aged Care suggests raising it with them first. If the older person made the arrangement themselves, they may be able to change or cancel it. Otherwise, concerns go to the tribunal or board in your state or territory (in Victoria, VCAT). See power of attorney and guardianship.

Source: Department of Health, Disability and Ageing: Elder Abuse Phone Line

Complaints: where each kind goes

The simplest first step is usually a calm, written complaint to the provider. If that does not work, or you do not feel safe raising it with them, the Complaints Commissioner at the Aged Care Quality and Safety Commission takes complaints about government-funded providers, free, openly, confidentially or anonymously. You do not have to go to the provider first.

Not every complaint belongs with the Commission. My Aged Care sets out these routes:

For the full step-by-step process, including what to put in a written complaint, the Commission's timeframes and what it can and cannot do, read how to make an aged care complaint.

Source: My Aged Care: making a complaint