Information for residential aged care workers
We can investigate allegations that an adult with impaired decision-making ability in Queensland:
- is being abused or neglected (including self-neglect), and/or
- has decision-making arrangements that aren’t suitable.
Residential aged care workers are often in an ideal position to detect this abuse because they work closely with their residents. For example, you may be able to recognise financial abuse by a family member that results in the adult falling behind in their care payments.
We rely on people like you to ask us to investigate, so we can protect the adult from further harm.
As part of an investigation, we may ask you to provide information to help verify the allegation, even if you didn't of whether you asked us to investigate.
Find out what you need to know before requesting and investigation.
What should you do if you have concerns?
Follow these steps if you think, or know, a resident is being abused:
1. Talk to your employer. They may decide to raise your concerns with the resident’s family, who might be able to resolve the problem informally.
2. If the issue can’t be resolved informally, anyone can apply to the Queensland Civil and Administrative Tribunal (QCAT) to:
- appoint a guardian or administrator to make personal or financial decisions for the resident (if they don’t have a substitute decision-maker)
- revoke the resident’s substitute decision-maker’s appointment (e.g., a guardian or attorney) and replace them with someone else if the substitute decision-maker is the person causing harm.
What is elder abuse?
Elder abuse is any act of abuse or neglect of a person aged 65 years or over.
It can be a single act, repeated actions, or a failure to act appropriately in a relationship where trust is expected. This causes harm or distress to the older person.
Often, the people responsible for the abuse are family members, most commonly grown-up children. This includes children appointed as an attorney to make personal (including healthcare) and financial decisions on behalf of their parent.
Financial abuse is the most common form of elder abuse and it’s often accompanied by psychological and/or physical abuse or neglect. It’s important that you report any unexplained injuries or out-of-character behaviour involving a resident.
How to recognise abuse
It's important to recognise the signs. Discover how to recognise abuse, including the different types, signs and symptoms.
Unpaid care fees
We often receive investigation requests from residential aged care facilities when a resident’s fees are unpaid. This may be a sign the resident’s funds aren’t being used for their care.
If one of your residents goes into arrears, we recommend you start by raising the issue with the resident and/or their decision-maker (e.g. attorney or administrator). It may be that the decision-maker is unable to pay the fees because they’re contesting Centrelink’s assessment of the resident’s income and assets.
If speaking to the resident or their decision-maker doesn’t resolve the issue, you may ask us to investigate .
You should act early —if you delay, the resident’s money might not be recoverable. This could result in the resident being asked to leave and your facility losing money.
Enduring powers of attorney
A resident’s enduring power of attorney (EPOA) document can help you confirm who can legally make personal and financial decisions for the resident if they lose decision-making ability.
An EPOA is not a legal requirement
Your facility may require new residents to provide a copy of their EPOA as a condition of entry.
However, this can cause them to prepare their EPOA in a rush which sometimes results in the adult making a poor choice of attorney, potentially exposing them to future abuse.
There’s no legal requirement for a person to have an EPOA before they move into a residential aged care facility.
If your facility requires an EPOA as a condition of entry, we encourage you to reconsider this.
Instructions for attorneys
Decision making ability is both decision-specific and time-specific. If an adult retains decision making ability in certain areas, such as for simple decisions, you should respect the adult’s wishes. Their attorney does not have authority to make those decisions on their behalf. If an attorney is making decisions for a resident, you are not automatically required to follow all the attorney’s instructions.
For example, an attorney may decide to restrict a resident's contact with their family due to a family conflict. However, they may not have the authority to do that because they must protect the resident’s views when they retained decision making ability, even if they disagree. This includes any desire the resident might have to see their family.
If an attorney is abusing a resident, anyone can apply to Queensland Civil and Administrative Tribunal (QCAT) to have the attorney’s powers revoked.
What if a resident doesn’t have anyone making decisions for them?
If a resident with impaired decision-making ability doesn’t have anyone making decisions on their behalf (either formally or informally), and a decision is needed for the person, help is available.
You, or one of the resident’s family members or friends, can apply to Queensland Civil and Administrative Tribunal (QCAT) to appoint a guardian and/or administrator for the resident.
How do you request an investigation?
If the resident you’re concerned about meets our investigation eligibility criteria, you can request an investigation .
We don’t need you to provide proof, but the more information you include in your request, the better. We need enough details to establish a reasonable suspicion that abuse, neglect or exploitation has occurred or is currently occurring.
How can you support our investigations?
If we’re investigating the abuse or neglect of an adult in residential care, it’s likely we’ll ask their carer for information. This is regardless of whether the carer requested the investigation.
If we ask you for information about an adult in your care, please respond as quickly and comprehensively as you can.
Delays in providing this information could slow down our investigation and leave the person at risk of further harm.
Privacy concerns
Staff at residential aged care facilities often tell us they’re worried about breaching privacy laws by giving us resident information.
However, subclause 6.2(b) of the Australian Privacy Principles (APPs) allows personal information to be disclosed if it "is required or authorised by or under an Australian law".
One of these laws, the Public Guardian Act 2014, specifically section 22 of the Act, overrides:
- any restriction, in an Act or common law, about the disclosure or confidentiality of information, including a person's personal information.
- any claim of confidentiality or privilege, including a claim based on legal professional privilege.
If you have a different view on the application of the APPs, please let us know.
Please note: we can’t provide legal advice, including advice on your organisation's specific obligations under the APPs.
What if a resident with decision-making ability is being coerced?
The person you’re caring for may have decision-making ability (capacity) but is being pressured, threatened or intimidated by someone else (e.g. a partner or spouse) to act against their will.
If you’re worried this is happening, there may be other organisations that can help .
What if a colleague is abusing a resident?
If one of your colleagues is abusing a resident, you should report them to your employer.
If that doesn’t resolve the issue, you can complain to the Aged Care Quality and Safety Commission.
We will only investigate adults with impaired decision-making ability who are being abused by someone who is not an employee of an organisation that provides paid services (excluding carers who receive a carer’s pension).