What Is Open Disclosure in Aged Care? Complete Provider Guide

Open disclosure is the practice of transparently and promptly communicating incidents, adverse events, and near-misses to residents, their families, and support persons. In Australian aged care, open disclosure is both a regulatory requirement under the Aged Care Act 2024 and an ethical obligation that underpins trust between providers, residents, and families.

Under the Strengthened Aged Care Quality Standards, providers must demonstrate that open disclosure occurs consistently, is documented, and respects the emotional and cultural needs of the people involved. The ACQSC assesses open disclosure practices during assessment contacts — providers who cannot demonstrate a systematic approach to disclosure risk findings of non-compliance.

This guide covers what open disclosure means in aged care, the regulatory framework, the 5-step disclosure process, documentation requirements, and how to manage complex conversations with families.

Open disclosure in aged care is the process of openly and honestly communicating with residents and their families when something goes wrong during care — or when a near-miss occurs that could have caused harm. It is not about admitting legal liability. It is about acknowledging what happened, expressing genuine regret, explaining what the provider is doing to address the issue, and committing to preventing recurrence.

The concept draws from the Australian Open Disclosure Framework, originally developed for the health sector by the Australian Commission on Safety and Quality in Health Care. In aged care, open disclosure has been adapted to reflect the ongoing care relationship between providers and residents — unlike a hospital episode, aged care is the person's home, and the disclosure must preserve that relationship.

Open disclosure applies to all incidents and adverse events, not only those that are reportable under SIRS. A medication error that was caught before administration, a fall that resulted in no injury, or a missed service in home care may all warrant open disclosure even if they do not meet the SIRS reporting threshold. The guiding principle is: if a resident or their family would reasonably want to know, disclose.

Open disclosure is assessed under multiple Strengthened Aged Care Quality Standards:

Standard 1 — The Individual. Requires that older people are treated with dignity and respect, and that communication is open, honest, and culturally appropriate. Open disclosure is a direct expression of this standard.

Standard 2 — The Organisation. Requires effective governance systems including incident management and continuous improvement. Open disclosure is evidence that the provider has a transparent safety culture. The ACQSC expects to see open disclosure policies, procedures, and evidence of implementation.

Standard 3 — The Care and Services. Requires safe, effective, person-centred care. When care goes wrong, open disclosure demonstrates that the provider acknowledges the shortfall and is taking action.

During assessment contacts, the ACQSC may ask to see your open disclosure policy, review incident records for evidence of disclosure occurring, and interview residents and families about their experience of communication after incidents.

The Aged Care Act 2024 does not prescribe a single open disclosure process, but it does require providers to have systems, policies, and procedures in place. The Aged Care Quality Standards specify that disclosure should be appropriate to the incident and communicated in a manner that respects the person's dignity and culture.

Best practice open disclosure frameworks identify key elements: early communication (within 24-48 hours of discovery for serious incidents), honest acknowledgement of what happened, an expression of regret, and clarity about what the provider will do next. For incidents reported under SIRS, open disclosure should occur in parallel — you don't wait for investigation completion before communicating with families.

An effective open disclosure process follows a structured sequence: the incident is identified and triaged; the resident and/or family are identified; a disclosure meeting is scheduled promptly; the disclosure is delivered by an appropriate staff member (usually a manager or clinician), supported by another staff member if needed; the family's questions and concerns are heard and documented; and a follow-up process is established.

Preparation is critical. Before the disclosure meeting, the discloser should understand what happened, the likely cause, what has been done immediately to prevent recurrence, what investigation will occur, and what ongoing support is available. Having this information allows the discloser to answer questions and address concerns rather than deferring to 'we'll get back to you'.

The tone matters as much as the content. The discloser should be calm, empathetic, and non-defensive. Families are often in shock or distress after hearing of an incident. The goal is to convey genuine concern and commitment to managing the issue, not to minimise or justify the incident.

Every open disclosure should be documented in the resident's file and in the incident management system. The record should capture: the date and time of disclosure, who it was disclosed to, who conducted the disclosure, what was communicated, the family's response and concerns, and any agreed next steps.

This documentation serves multiple purposes: it provides an audit trail of the disclosure process, it supports any subsequent complaint or investigation, and it ensures consistency if follow-up conversations occur with other staff members or family members.

Open disclosure and SIRS reporting are separate but interconnected. A serious incident that is reportable to the ACQSC under SIRS should be disclosed to the resident and family — this is a transparency and ethical obligation independent of regulatory reporting. However, the timing and content of disclosure may differ from the SIRS notification.

For example, you might disclose an incident to a family within 24 hours while SIRS notification is being prepared. You should disclose what is known at the time ('We believe your mother fell and sustained a minor injury; we are investigating') rather than waiting for investigation completion. This builds trust and demonstrates commitment to transparency.

Some disclosures are more complex: where the incident is serious or fatal, where there are allegations of staff negligence, where the family is already distressed or has a history of complaints, or where the incident may lead to legal action.

In these situations, it is often wise to involve senior management or a designated disclosure lead, and to consider support from risk management, legal, or external advisors. The goal remains the same — honest, empathetic communication and commitment to addressing concerns — but the complexity requires careful handling.

Providers should have escalation protocols that identify when complex disclosures require heightened oversight or external support. This is not about avoiding accountability — it is about ensuring the disclosure process itself is conducted professionally and that the provider's response is robust.

Open disclosure happens routinely in organisations where transparency is valued. This requires staff training, clear policies, senior leadership modelling, and an incident management culture where disclosure is expected, not feared.

Staff should understand that disclosure is not admitting fault — it is communicating about what happened and what the provider will do about it. Creating psychological safety — where staff don't fear punishment for honest disclosure — is essential to embedding this culture.

What is open disclosure in aged care? Open disclosure is the process of openly communicating with residents and families when an incident, adverse event, or near-miss occurs during care. It involves acknowledging what happened, expressing regret, explaining what actions are being taken, and committing to prevent recurrence.

Is open disclosure a legal requirement in aged care? Yes. The Aged Care Act 2024 and the Strengthened Quality Standards require providers to have systems for open disclosure. The ACQSC assesses disclosure practices during assessment contacts.

Does open disclosure mean admitting fault? No. Open disclosure is about transparency and communication, not legal liability. Expressing regret that something happened is not the same as admitting negligence. Providers should communicate honestly without making legal admissions.

When should open disclosure occur? As soon as practicable after the incident is identified. For serious incidents, initial disclosure should occur within 24-48 hours. Don't wait for the investigation to be completed — disclose what is known and commit to sharing further information as the investigation progresses.

Does open disclosure replace SIRS reporting? No. Open disclosure (communicating with the resident and family) and SIRS reporting (notifying the ACQSC) are separate but parallel obligations. Both should occur within their respective timeframes.

The Incidents & Disclosure module in Statura Care includes an open disclosure workflow that triggers when an incident is logged, templates for disclosure communications tailored to incident severity, a disclosure checklist ensuring all required steps are completed, documentation fields that capture the disclosure conversation, and tracking of family concerns and agreed actions.

The module integrates with SIRS reporting to flag reportable incidents requiring disclosure, and with the complaints module to track whether disclosed incidents escalate to complaints. Reporting dashboards show disclosure timeliness, family concerns identified, and remediation actions arising from disclosure conversations.

The Family Portal provides a secure channel for ongoing communication with families after disclosure, maintaining transparency without relying on phone calls and emails that are difficult to audit.

Open disclosure is part of Statura Care's aged care compliance software — 35 modules purpose-built for the Aged Care Act 2024.