About compulsory reporting
In residential aged care, there are guidelines for compulsory reporting of 'unlawful sexual contact'. Please note this is different to mandatory reporting (see 'limited circumstances' section below). The following information (in italics) has been taken from the Department of Health Guidelines for compulsory reporting - please see their webpage for more information by clicking here.
Department of Health Guidelines
Under the Aged Care Act 1997 (the Act), approved providers of residential aged care must:
- report to the police and the department incidents of alleged or suspected reportable assaults (including unlawful sexual contact) within 24 hours of the allegation, or when the approved provider starts to suspect a reportable assault has occurred
- take reasonable measures to ensure staff members report any suspicions or allegations of reportable assaults to the approved provider (or other authorised person), to the police and the department
- take reasonable measures to protect the identity of any staff member who makes a report and protect them from victimisation.
- The Act requires that, except in very specific circumstances, approved providers of residential aged care must report every allegation or suspicion of a reportable assault.
- Reports must be made to both the police and the department within 24 hours of the allegation being made, or from the time the approved provider starts to suspect, on reasonable grounds, that a reportable assault may have occurred.
- If a staff member makes a disclosure that qualifies for protection under the Act, the approved provider must protect the identity of the staff member and ensure that the staff member is not victimised.
- If an approved provider fails to meet compulsory reporting requirements the department may take compliance action.
- Compliance with compulsory reporting requirements is monitored by the Australian Aged Care Quality Agency (the Quality Agency).
Unlawful sexual contact
Unlawful sexual contact refers to non-consensual sexual contact involving residents in aged care facilities. Reporting requirements under the law are designed to protect vulnerable residents, not to restrict their sexual freedom. Where the contact involves residents with an assessed cognitive or mental impairment, the resident may not have the ability to provide informed consent, therefore this should be reported. The Guide for aged care staff provides more information on how to assess whether an incident is reportable
Reporting to the Department of Health
To report a suspicion or allegation made of a reportable assault, an approved provider must within 24 hours:
- complete a Reportable assault form and email it to [email protected]
or - call the compulsory reporting line on 1800 081 549.
- Note: it is the Department’s preference that a written form be submitted.
Reporting to the Police
Approved providers are required to report any allegation or suspicion of a reportable assault to the police within 24 hours of becoming aware or suspecting a reportable assault has occurred. This ensures that the appropriate emergency response is taken and those residents affected receive timely help and support.
A culture of reporting & responding
The Department also notes:
Approved providers should have internal policies and processes in place that create a culture of reporting, responding and documenting alleged or suspected assaults. Staff should be trained to recognise if an assault may have occurred and how to respond, and encouraged to raise suspicions of assault internally to the approved provider’s authorised persons for consideration and action
Approved providers should have internal policies and processes in place that create a culture of reporting, responding and documenting alleged or suspected assaults. Staff should be trained to recognise if an assault may have occurred and how to respond, and encouraged to raise suspicions of assault internally to the approved provider’s authorised persons for consideration and action
Limited circumstances
The Department also notes:
In limited circumstances approved providers are not required to report alleged or suspected assaults. Approved providers do not need to report when: the alleged assault is perpetrated by a resident with an assessed cognitive or mental impairment, and care arrangements are put in place to manage the behaviour within 24 hours - or - when previous reports of the same or similar incidents have been made to the police and the department. These limited circumstances do not prevent an approved provider from reporting an assault to the police or the department. In other words: The requirement to report does not apply if the approved provider meets the following conditions (detailed in the Accountability Principles 2014):
For further information also see the Reportable Assault Flow Chart and resource page (here).
In limited circumstances approved providers are not required to report alleged or suspected assaults. Approved providers do not need to report when: the alleged assault is perpetrated by a resident with an assessed cognitive or mental impairment, and care arrangements are put in place to manage the behaviour within 24 hours - or - when previous reports of the same or similar incidents have been made to the police and the department. These limited circumstances do not prevent an approved provider from reporting an assault to the police or the department. In other words: The requirement to report does not apply if the approved provider meets the following conditions (detailed in the Accountability Principles 2014):
- within 24 hours of receiving an allegation or the start of the suspicion, the approved provider forms an opinion that the assault was committed by a resident, and
- prior to the receipt of the allegation, the resident has been assessed by an appropriate health professional as suffering from a cognitive or mental impairment, and
- the approved provider puts in place, within 24 hours of the allegation, or suspicion arrangements for management of the resident's behaviour, and
- the approved provider has: a copy of the assessment (or other documents) regarding the resident's cognitive or mental impairment, and a record of the behaviour management strategies that have been put in place.
For further information also see the Reportable Assault Flow Chart and resource page (here).
Data on reports
The Report on the Operation of the Aged Care Act 1997 (the Act) meets the requirement of section 63-2 of the Act that the Minister present to Parliament a report on the operation of the Act for each financial year. This report describes the operation of the Act during 2015–16 and includes additional information to aid an understanding of aged care programmes and policies. Check out the Department's website here for more information or copies of the reports below:
See images below for total number of incidents (graph on left) and rate per 1000 residents - source (link)
- 2019-2020 report (page 90): In 2019–20, 5,718 notifications in relation to assaults were reported under the Act. Of those 4,867 were recorded as alleged or suspected unreasonable use of force, 816 as alleged or suspected unlawful sexual contact, and 35 as both. With 244,363 people receiving permanent residential care in 2019–20, the incidence of reports of suspected or alleged assaults was 2.3 per cent.
- 2018-2019 report (page 83): In 2018–19, the department received 5,233 notifications in relation to assaults reported under the Act. Of these 4,443 were recorded as alleged or suspected unreasonable use of force, 739 as alleged or suspected unlawful sexual contact, and 51 as both. With 242,612 people receiving permanent residential care in 2018–19, the incidence of reports of suspected or alleged assaults was 2.16 per cent.
- 2017-2018 report (page 79): In 2017–18, the department received 4,013 notifications in relation to assaults. Of these 3,773 were required to be reported under the Act. Of the 3,773, 3,226 were recorded as alleged or suspected unreasonable use of force, 513 as alleged or suspected unlawful sexual contact, and 34 as both. With 241,723 people receiving permanent residential care in 2017–18, the incidence of reports of suspected or alleged assaults was 1.6 per cent.
- 2016-2017 report: (page 83): In 2016–17, the department received 2,853 notifications of reportable assaults. Of those, 2,463 were recorded as alleged or suspected unreasonable use of force, 348 as alleged or suspected unlawful sexual contact, and 42 as both. With 239,379 people receiving permanent residential care in 2016–17, the incidence of reports of suspected or alleged assaults was 1.2 per cent.
- 2015-2016 report: (page 78): In 2015–16, the Department received 2,862 notifications of reportable assaults. Of those, 2,422 were recorded as alleged or suspected unreasonable use of force, 396 alleged or suspected unlawful sexual contact, and 44 as both. With 234,931 people receiving permanent residential care in 2015–16, the incidence of reports of suspected or alleged assaults was 1.2 per cent.
- 2014-2015 report (page 115): In 2014–15, the Department received 2,625 notifications of reportable assaults. Of those, 2,199 were recorded as alleged or suspected unreasonable use of force, 379 as alleged or suspected unlawful sexual contact, and 47 as both. With 231,555 people receiving permanent residential care in 2014–15, the incidence of reports of suspected or alleged assaults was 1.1 per cent.
- 2013-2014 report (page 74): In 2013–14, the Department received 2,353 notifications of reportable assaults. Of those, 1,983 were recorded as alleged or suspected unreasonable use of force, 333 as alleged or suspected unlawful sexual contact and 37 as both. With 231,515 people receiving permanent residential care in 2013–14, the incidence of reports of suspected or alleged assaults was 1.0 per cent.
- 2012-2013 report (page 73): In 2012–13, the Department received 2,256 notifications of reportable assaults. Of those, 1,878 were recorded as alleged or suspected unreasonable use of force, 349 as alleged or suspected unlawful sexual contact and 29 as both. With 226,042 people receiving permanent residential care in 2012–13, the incidence of reports of suspected or alleged assaults was 1.0 per cent.
- 2011-2012 report
- 2010-2011 report (page 82): In 2010-2011 the Department received notification of 1,815 alleged reportable assaults. Of those, 1,499 were recorded as alleged unreasonable use of force, 284 as alleged unlawful sexual contact and 32 as both.
- 2009-2010 report
- 2008-2009 report
- 2006-2007 report: page 74 note amendment to Record Principles to include compulsory reporting of sexual assault
- 2005-2006 report: page 45 (section 4.2.1) for mention of compulsory reporting of sexual abuse
- 2004-2005 report.
See images below for total number of incidents (graph on left) and rate per 1000 residents - source (link)