From 1 November 2025, registered aged care providers must comply with the new whistleblower training obligations under the Aged Care Act 2024 (Cth) (Aged Care Act) and the Aged Care Rules 2025 (Cth) (Rules). These obligations form part of the mandatory whistleblower system required as a condition of a provider’s registration.
This EMA Note outlines the training obligations for registered aged care providers.
Under the Aged Care Act, disclosures1 will only be protected if made to one of the specific recipients listed in the Aged Care Act. This list includes:
- a registered provider;
- a responsible person of the registered provider; and
- an aged care worker of a registered provider
Who must be trained?
All aged care workers and responsible persons of registered providers must receive training on the whistleblower system.
An aged care worker includes individuals employed or engaged by the provider (including volunteers) to deliver funded aged care services, and individuals employed or engaged by an associated provider2.
A responsible person includes persons responsible for executive decisions (including governing body members), persons with authority over planning/directing/controlling the provider’s activities, persons responsible for managing nursing services, or day-to-day operations of residential care homes or service delivery branches3.
Requirements
Aged care providers must ensure that all aged care workers and responsible persons are trained to understand how the whistleblower system works, including:
- How to handle personal information and data: taking reasonable steps, in the circumstances, to preserve anonymity when requested by the disclosing individual.
- How to recognise and respond to protected disclosures:4 which are disclosures made to prescribed recipients, orally or in writing (and may be anonymous), where there are reasonable grounds to suspect a contravention of the Aged Care Act.
- How to manage relationships and communicate with disclosers: appropriate communication approaches when receiving and managing disclosures.
- When and how to escalate disclosures: escalation pathways within the provider’s whistleblower system.
- Roles and responsibilities: individual obligations as recipients of disclosures and positive duties to ensure disclosers are not victimised or identified.
- Penalties for breaching confidentiality5: civil penalties up to 30 penalty units (currently $9,9006)7.
Frequency
Training must be provided to all aged care workers and responsible persons:
- at regular intervals, which must be at least annually;
- as part of onboarding of an aged care worker or responsible person; and
- when there is a change to:
- how the system works that affects the person’s roles and responsibilities; or
- the person’s role that affects their role and responsibilities in the system.8
Monthly Communication
Aged care providers must communicate regularly, and at least monthly, to their aged care workers and responsible persons that disclosures that qualify for protection under section 547 of the Aged Care Act are welcome.
Whistleblower or Compalints & Feedback
An individual who makes a protected disclosure may elect to have their disclosure managed as a complaint or feedback under the complaints and feedback management system,9 rather than as a whistleblower disclosure.10 If the individual makes this election, the registered provider must manage the disclosure through the complaints and feedback system. The discloser will not receive the full whistleblower protections, but remains protected from reprisals and retains confidentiality protections.
Aged care workers and responsible persons must be trained to:
- understand that disclosers have a choice between the two processes;
- explain the differences between whistleblower protections and complaints/feedback processes;
- facilitate the discloser’s election; and
- follow the appropriate process based on the discloser’s choice.
Providers should implement clear triage processes and decision frameworks to help workers navigate their options.
Require further information/assistance?
EMA Consulting offers tailored training programs to strengthen your workplace capability, including Whistleblowing. You can find out more about this course at: https://emaconsulting.com.au/aged-care-whistleblowing/
Our MyConcern cloud-based platform streamlines the entire feedback and complaints process—from initial receipt through to triage, management, tracking, and correspondence—while providing clear guidance for both end-users and those overseeing case management.
We’re here to support you.
This EMA Note is not comprehensive advice about your situation and does not cover all your obligations. If you require further information or advice, please contact your Consultant.
- Aged Care Act 2024 (Cth), section 547. ↩︎
- As defined by section 11 of the Aged Care Act 2024 (Cth). ↩︎
- As defined by section 12 of the Aged Care Act 2024 (Cth). ↩︎
- Aged Care Act 2024 (Cth), section 547. ↩︎
- Aged Care Act 2024 (Cth), section 550(1). ↩︎
- Crimes Act 1914 (Cth), section 4AA. ↩︎
- Aged Care Rules 2025 (Cth), section 165-50. ↩︎
- Aged Care Rules 2025 (Cth), section 165-50(2). ↩︎
- Aged Care Act 2024 (Cth), section 165(b). ↩︎
- Aged Care Rules 2025 (Cth), section 165-35(3). ↩︎
