Every older Australian has the right to live with dignity, safety, and respect while receiving care. The Australian Government’s Serious Incident Response Scheme (SIRS) is a vital part of protecting this right, requiring aged care providers to manage and report incidents of abuse and neglect.

This guide is for families, helping you understand your rights under SIRS and explaining the steps you can take if you suspect an incident is being hidden or mishandled by a facility.

What is the Serious Incident Response Scheme (SIRS)?

The SIRS is a government-mandated framework, overseen by the Aged Care Quality and Safety Commission, that requires all government-funded aged care providers (including residential and home care) to have an effective system for managing and responding to serious incidents.

The scheme covers incidents that have occurred, are alleged to have occurred, or are suspected of occurring.

Key Reportable Incidents

The SIRS covers eight types of reportable incidents. If you suspect any of these have happened, the provider has a mandatory obligation to report them to the Commission within set timeframes.

• Unreasonable use of force (e.g., hitting, pushing, rough handling).
• Unlawful sexual contact or inappropriate sexual conduct.
• Psychological or emotional abuse (e.g., yelling, name-calling, ignoring).
• Neglect (e.g., withholding care, leaving wounds untreated, inadequate meal assistance).
• Stealing or financial coercion by a staff member.
• Inappropriate use of restrictive practices.
• Unexplained absence from care (missing consumers).
• Unexpected death.

Understanding Priority Levels

Providers must classify incidents into one of two priority levels, which determines their reporting deadline:

• Priority 1 Incidents: Must be reported to the Commission within 24 hours. This includes incidents involving serious injury, requiring medical/psychological treatment, or where police should be contacted (e.g., unlawful sexual contact, unexpected death, unexplained absence).
• Priority 2 Incidents: Must be reported within 30 days. These are incidents that are serious but do not meet the Priority 1 threshold.

What to Do If You Suspect an Incident is Being Hidden

If you have noticed an injury, a sudden change in your loved one's behaviour, or if you believe the facility is not being transparent about an incident, you have the right to raise your concerns.

Step 1: Contact the Provider Directly (If Comfortable)

For a quick resolution, or to seek an immediate explanation, you may choose to raise the concern with the facility’s manager or a senior staff member first.

• Keep a record: Write down the date, time, what you observed, who you spoke to, and what their response was. Fact-finding is crucial.

Step 2: Lodge a Complaint with the Aged Care Quality and Safety Commission

If you are not satisfied with the provider’s response, you do not feel comfortable speaking to them, or you suspect the provider is deliberately failing to report a serious incident under SIRS, you must contact the Commission.

You do not need definite proof to report a concern. The Commission will assess your information and take action based on the risk of harm.

• Lodge a complaint online via the Commission's website.
• Call the Commission’s complaints line.

You have the right to make a complaint openly, confidentially, or even anonymously. If you complain confidentially, the Commission will attempt to resolve the issue without disclosing your identity to the provider.

Step 3: Seek Independent Advocacy Support

Dealing with aged care complaints can be challenging. You do not have to do it alone.

• The Older Persons Advocacy Network (OPAN) offers a free, confidential, and independent service to help you understand your rights, voice your concerns, and navigate the complaints process.

Conclusion: Resident Safety is the Priority

The Serious Incident Response Scheme exists to enforce resident safety and provider accountability. As a family member, your vigilance and willingness to report concerns are fundamental safeguards for your loved one.

Never hesitate to raise a concern with the Aged Care Quality and Safety Commission if you believe a facility is prioritising its reputation over resident safety or is failing to meet its mandatory SIRS reporting obligations.