Before requesting an investigation
We can investigate allegations or complaints that an adult with impaired decision-making ability:
- is being abused or neglected (including self-neglect), and/or
- has decision-making arrangements that aren’t suitable.
Before you request an investigation, please be aware we only investigate if the person:
- is an adult (18 years of age or older)
- lives or has a permanent address/property in Queensland
- cannot make their own decisions
- is allegedly being abused by their decision-maker (this does not include an employee of an organisation that provides paid services, such as a residential aged care worker, in-home care worker or disability support worker or other professionals and excluding someone receiving a carer’s pension).
We can only investigate if all eligibility criteria above are met.
What we won’t investigate
We cannot investigate allegations of abuse or neglect when:
- the adult doesn’t meet all the eligibility criteria mentioned above
- the allegation is based on a rumour or gut feeling, without enough evidence or information to form a reasonable suspicion
- there are allegations of domestic and family violence, fraud and other criminal offences – these should be investigated by the police. Although some of the allegations we investigate may involve criminality, we don’t conduct criminal investigations. Our investigations are centered around the adult’s decision-making arrangements and whether they’re adequate and appropriate.
- a decision-maker for an adult making a decision for another adult without consulting family members
- the Queensland Civil and Administrative Tribunal (QCAT) is already considering the adult’s capacity or decision-making arrangements
- the adult has died — we won’t begin an investigation and may cease investigating, with some exceptions (e.g. the respondent is a decision-maker for another person with impaired decision-making ability).
Protecting children
If you suspect a person under 18 years of age is being abused or neglected, contact the Department of Families, Seniors, Disability Services and Child Safety for information about protecting children.
Other possible solutions
Sometimes, an investigation by us may not be the best option, even if the adult meets our eligibility criteria. Our investigations can be intrusive and take several months or more to complete.
Depending on the situation, there might be another less intrusive way to resolve the issues, such as:
- talking to the person whose behaviour is concerning you
- education
- advocacy (services that help speak up for someone)
- mediation
- complaining to the regulator
- reporting the alleged abuse to police
- applying to QCAT, particularly if you or someone else is willing to be appointed as a guardian or administrator for the adult.
If it’s safe, try talking to the person whose behaviour is concerning you. This can sometimes resolve the issue without the need for formal action or intervention.
For example, if the person is the adult’s formal decision-maker (attorney, guardian, or administrator), they might not fully understand their responsibilities and be causing harm unknowingly. In this case, a simple reminder could fix the problem.
If the person was unintentionally doing the wrong thing, we can educate them rather than conducting a full investigation.
For example, they may have made a decision as the adult’s attorney, guardian and/or administrator that was accidentally harmful or outside their powers, but they believed was in the adult’s best interest.
If that’s the case, we can educate them about their role and responsibilities.
If you’re concerned about the welfare of the adult, an advocacy service may be able to help. An independent advocate can:
- listen to their concerns
- give them information
- help them have their voice heard in matters that affect them.
Advocates can also speak up on the adult’s behalf if they want them to, including helping them to make a complaint.
There are advocacy services available for aged care, disability, health, and legal advocacy.
Depending on the nature of the allegation, mediation may be the best way to resolve a dispute. Mediation is a structured negotiation process with an independent person, known as a mediator.
The mediator helps everyone involved discuss the issue, explore options and reach an agreement. It’s also:
- less intrusive than an investigation
- an alternative to going to court, saving you and the community time, legal fees and court costs
- more likely to preserve family relationships in cases involving family conflict.
The Queensland Government offers mediation services, most of which are free.
If the adult is being abused by an employee of an organisation that provides paid services, you should:
- Report the employee to the organisation directly. We don’t investigate employees of organisations that provide paid services.
- If that doesn’t resolve the issue, you can complain to the relevant regulatory or oversight body . For example, you can contact the Aged Care Quality and Safety Commission if the complaint relates to an aged care worker, or contact the NDIS Quality and Safeguards Commission if the complaint is about an NDIS-funded disability worker.
If the adult doesn’t have anyone making decisions for them, you can apply to QCAT to appoint a guardian and/or administrator.
If an attorney, guardian and/or administrator is already appointed but you suspect them of abuse or neglect, you can ask QCAT to review the appointment/s. QCAT’s decision may make further investigation unnecessary.
Request an investigation
If you’ve explored other possible solutions and the adult meets our investigation eligibility criteria, you can request an investigation.
If the person can make their own decisions
We cannot investigate allegations of abuse or neglect if the adult can make their own decisions. It's their right to decide how to deal with the harm they're experiencing.
We suggest you do one or more of the following instead:
- talk with the person being harmed to get their views and wishes and, if necessary, refer them to one or more support services
- if it’s safe, talk with the person who is alleged to be abusing or neglecting the adult to raise your concerns
- if the person causing harm is an employee of an accommodation or service provider, report them to the relevant regulatory body
- support the adult to seek advice from an aged care or disability advocacy support service
- support the adult to consider mediation as a way to talk through the issues in dispute and resolve them
- support the adult to consult a private solicitor or community legal centre
- contact the police if the person being abused is experiencing physical threats or harm, including domestic violence.