Last updated 11 August 2016

The approved provider of a government-funded facility must report certain types of assault or the suspicion of certain types of assaults to police and to the Aged Care Complaints Scheme. They must also keep records of these incidents.

Reportable assaults are:

  • unlawful sexual contact with a resident of an aged care facility whether perpetrated by a staff member, resident or visitor on a resident
  • unreasonable use of force or assault on a resident of an aged care facility whether perpetrated by a staff member, resident or visitor on a resident.

All approved providers must encourage staff to report alleged or suspected reportable assaults, and the provider must act to protect staff members from any victimisation or recriminations.

An approved provider has discretion not to report a reportable assault by a resident when the resident has already been diagnosed as suffering from a mental illness such as dementia and they have put in place, and documented, arrangements to manage the resident’s behaviour.

Approved providers are also required to ensure that all staff, including those provided by employment agencies and some volunteers undergo regular police checks and hold a national police certificate as to their suitability to work in aged care.