Elaine Mewburn was furious when she complained to the aged care watchdog about the treatment of her husband, Gary, but was told nothing could be done because his nursing home was already considered to be non-compliant.
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"I got a call in the morning to say Gary had a fall in the shower but everything was OK," Mrs Mewburn said.
Gary Mewburn, who has dementia and an acquired brain injury, was living at Southern Cross Care Residential Aged Care in Young in the NSW Central West when he fell.
Mrs Mewburn said she had to advocate for him to be taken to hospital.
"The way he was treated was cruel, it was so wrong and that's why I put a complaint in about it," she said.
Failure to provide appropriate care
The Aged Care Quality and Safety Commission found the facility did not provide appropriate care to Mr Mewburn in falls prevention and post-fall management.
But the aged care watchdog closed the resolution process because the issues raised by Mrs Mewburn's complaint were already subject to a non-compliance notice at the facility.
It was found to be non-compliant in three areas, including standards in personal and clinical care in an audit in February 2021, eight months before Mr Mewburn's fall.
Mrs Mewburn said the experience left her feeling jaded about accountability within the sector.
"But because he has dementia and he is old there are no consequences, all it is is 'fix your policies up and when you've got them all up to par we'll come and do it [another audit].'"
Southern Cross Care wouldn't comment on Mr Mewburn's case directly.
Its chief executive Helen Emmerson said since the 2021 audit, the home in Young had worked hard to ensure all issues identified had been addressed.
"A new, experienced facility manager is now in place guided by a highly experienced regional manager and both [are] committed to ongoing continuous improvement and providing quality care for residents," she said.
The non-compliance notice is still active.
The Aged Care Quality and Safety Commission wouldn't comment on Mrs Mewburn's complaint.
'Painfully slow' progress
One of the 148 recommendations of the Aged Care Royal Commission is for the Aged Care Quality and Safety Commission to be abolished and replaced by an independent authority.
Charles Sturt University aged care academic Maree Bernoth says the current complaints process is cumbersome.
"It's lengthy, people get these bureaucratic letters back and it's not something that gets you a quick fix, it can take months and then there may or [may] not be follow up," Associate Professor Bernoth said.
Associate Professor Bernoth says progress on implementing the wider recommendations of the royal commission is painfully slow.
"There have been smaller things happening, but they are all bureaucratic things, it's like window dressing rather than changes to where care is given.
"The community has cause to be disappointed that action has been so slow and in some cases things have got worse."
Most complaints resolved within 60 days
In a statement, the Aged Care Quality and Safety Commission said it aimed to resolve complaints quickly and effectively and where necessary, would require providers to improve the quality of their services.
It said in 2021 and until the end of February 2022, the commission had resolved 70 per cent of complaints within 60 days.
The commission said in feedback from 202021 that more than 74 per cent of complainants reported satisfaction with the commission's complaint-handling process.
