The Royal Commission updated their Q&A with further points of clarification.
A note cautioning against the risk of defamation has been added:
‘All individuals are recommended to take particular care when considering making submissions or providing information to the Commission that could be defamatory – such as statements or implications that may damage the reputation of another person. There should be some common law or statutory protection available to a person who is sued for defamation provided that any allegedly defamatory statements or imputations in the submissions or information given to the Commission were made by the person in good faith for the proper purposes of the Commission.
If an individual has concerns that information that he or she is considering providing to the Commission may be defamatory, the individual should consider seeking independent legal advice.’
(See RC Update 15)
The Royal Commission has today provided additional detail around:
The definitions of mistreatment and abuse
‘In considering the terms ‘mistreatment’ and ‘abuse’, providers should take a common-sense view that considers community expectations. ‘Mistreatment’ is treating someone badly or wrongly. ‘Abuse’ may take the form of financial, sexual, psychological, emotional, or physical abuse. It includes acts that cause harm or distress in situations where there is an expectation of trust in a relationship. That harm or distress may be caused by a single or repeated act or failure to act.
Instances of abuse or mistreatment may include but should not be limited to alleged or suspected reportable assaults which, under section 63-1AA of the Aged Care Act, approved providers of residential aged care must report within 24 hours to local police and the Secretary of the Department of Health.’
Complaints to be included in Question 2
The Royal Commission Secretariat has advised that:
‘The information provided in responses should relate to all complaints whether substantiated or unsubstantiated.’
FAQ on Aged Care Approved Provider Information Request – LAST UPDATED 11 December 2018 (.pdf)