When something goes wrong in aged care, whether it is a fall, an assault or an unexpected death, the people closest to the older person usually have the same first question: what happened?
Under the reformed Serious Incident Response Scheme, providers must now tell them, involve them in the response and, for the most serious incidents, report to the regulator within 24 hours.
What providers are not automatically required to do is hand over the incident report.
Aged Care Justice (ACJ) CEO and solicitor Anna Willis says that gap matters, because the written record is often the only way a family can check whether their own account, or their loved one’s, was taken into consideration.
“There is an important distinction between being informed about an incident and being able to access the written report to ensure that all versions of the event have been considered,” Ms Willis said.
“Greater clarity about what information must be shared would help older people and families understand their rights and ensure greater consistency across providers.”
The Aged Care Act 2024 and Aged Care Rules 2025 made significant changes to how incidents are managed and reported.
Neglect has been redefined to expressly cover reckless or intentional failures in care, significant failures and repeated poor conduct. Providers must now assess psychological harm even where a person cannot communicate their distress, a change that matters for residents living with dementia or communication impairments. Unexplained absences are now a single reporting category across residential and home care.
Providers must also run an Incident Management System (IMS) that records how every incident, reportable or not, is responded to, investigated and resolved. Each record should include what happened, the harm caused, who was involved, any investigation, and whether police were notified.
Documentation explaining these procedures must be accessible to older people and their families. But access to the procedures is not the same as access to the record. Whether a family can obtain an individual incident report depends on the circumstances, and may rely on privacy or other laws rather than the aged care legislation itself.
The legislation requires providers to practise open disclosure: communicating openly with those affected, listening to their concerns, and involving them, or their supporters and advocates, in resolving incidents.
Ms Willis says that in her experience families are rarely looking for a fight. They want to know what occurred and how it will be prevented, and often they simply want an apology, because they understand that errors can happen in the delivery of care.
“Particularly where an older person has suffered an injury, families want to know how the person will be supported to restore their wellbeing,” she said.
The stakes are highest after an unexpected death.
“When someone dies unexpectedly in aged care, families can be left shocked and grieving, desperately trying to understand what happened. They deserve compassion, honesty and clear answers during an incredibly difficult time,” Ms Willis said.
“Open disclosure is vital to ensuring families feel their concerns are being taken seriously and maintaining trust in aged care providers and the broader system.”
If providers do not follow their own incident procedures, families can lodge a complaint with the Aged Care Quality and Safety Commission.
Under the Serious Incident Response Scheme, providers must report certain incidents to the Aged Care Quality and Safety Commission. These include unreasonable use of force, unlawful sexual contact or inappropriate sexual conduct, psychological or emotional abuse, unexpected death, stealing or financial coercion by a worker, neglect, unauthorised use of a restrictive practice, and unexplained absence.
| Priority | Includes | Report to Commission within |
|---|---|---|
| Priority 1 | Injury needing medical or psychological treatment; reasonable grounds for a police report; unlawful sexual contact or inappropriate sexual conduct; unexpected death; unexplained absence | 24 hours |
| Priority 2 | All other reportable incidents | 30 days |
Questions families can put to the provider:
If you are unhappy with the answers, you can raise concerns with the provider, make a complaint to the Aged Care Quality and Safety Commission, or seek legal advice.
Aged Care Justice provides free legal assistance to older Australians and their representatives. Its fact sheet, Your Rights When an Incident Occurs in Aged Care, developed with University of Technology Sydney law students, explains providers’ obligations and families’ rights.
