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End of Year Newsletter
Thursday, 5 December 2024
Newsletter Snapshot
1. The Year in Review: A message from our Chair, Sue Williamson.
2. Reform: ACJ attend Senate Hearing to present on the new Aged Care Act
3. Education: Significant response to ACJ Fact Sheets on Banning Visitors
4. Education: New ACJ Legal Fact Sheets: Chemical Restraint
5. Legal Update: Types of Complaints received and Elder Law Initiatives
6. 2025 Activities: ACJ's Future Focus
7. ACJ is Available over the Holiday Period
Aged Care Justice (ACJ) is a not-for-profit charity connecting aged care recipients and their loved ones to legal services.
If an aged care recipient is experiencing problems with their treatment or quality of care, we can connect them or their representative to a lawyer for a free legal consultation.
Call (03) 9016 3248, email info@agedcarejustice.org.au or click the button below to fill in the Get Help Form.
2024: The Year in Review
A message from our Chair, Sue Williamson.
My pride in being involved with ACJ has grown immensely this year as the organisation rallied to ensure that the government recognises the needs of our aged care community, along with their families and friends. We directly assisted 83 members of our community who had grievances regarding their care. It is disheartening to think that 83 families felt the need to reach out to us for support. However, it is gratifying to know that we were able to guide them in obtaining the appropriate advice to address their issues. Additionally, many more individuals benefited from our active reform initiatives, which aim to implement measures that protect every person in aged care. Our educational efforts have also helped ensure that our community understands what constitutes acceptable standards of care.
This year marked a significant transition for us, as we evolved from a relatively new organisation seeking a voice to being recognised as a vital participant in the industry, invited to engage in reform consultations. Notably, we were invited to testify before the Senate Standing Committee on Community Affairs regarding their inquiry into the Aged Care Bill 2024. While the two aged care bills may not encompass all our demands, we made a meaningful impact in shaping them to better reflect the needs of our community.
Despite our busy schedule advocating for essential reforms, we remained focused on our core mission: educating our community about their rights and providing access to legal recourse. One of our key initiatives involved distributing fact sheets for each state and territory regarding visitor restrictions in aged care facilities. We have followed this up with fact sheets addressing the use of medications in aged care settings to manage residents.
I am immensely proud of what we have accomplished this year, and I am excited about what the future holds for ACJ.
Reform: ACJ attend Senate Hearing to present on the new Aged Care Act
This year marked a historic time in Australian aged care reform, with the introduction of the Aged Care Bill 2024. ACJ was invited to attend the Department of Health and Aged Care Consultations on the Aged Care Act, and to meet with Senators and Ministers to provide legal insights on the Bill.
ACJ developed a joint submission with Aged Care Reform Now, Carers’ Circle and Australian Independent Retirees on the provisions of the Bill.
In response to our submission, ACJ was invited to appear before the Senate Standing Committee on Community Affairs to assist with their inquiry into the legislation, on 17th October 2024.
The priority issues presented by ACJ focused on independence in complaint handling, increased contractual rights, and protections on substitute decision making for aged care recipients.
The Bill was passed by Parliament on November 25, 2024 and will become law on July 1, 2025.
Whilst we welcome increased regulation of the sector and provisions which are designed to improve the quality of care, there are still a range of rules to be drafted related to home and residential care.
We aim to be involved in future submissions to advocate for high quality care and transparency in complaint handling. We look forward to continuing to work with all stakeholders to help improve aged care now and into the future.
Education: Significant response to ACJ Fact Sheets on Banning Visitors
ACJ received substantial national engagement in response to our Fact Sheets on the unlawful banning of visitors to residential aged care facilities.
The decision to create this education was in response to numerous complaints from family members or friends of aged care residents, who had been banned from visiting a resident by a person alleging to have the relevant authority. This is a human rights issue and can have devastating effects for the banned person and the resident.
The Fact Sheets provided information on which persons have the power to ban under the relevant state or territory laws, the circumstances in which those persons may decide to ban, and the avenues available to someone who believes they have been unfairly banned.
The social media campaign for the project reached an audience of 39,000 and was shared by the public and various advocacy organisations.
ACJ was able to support 9 new complainants experiencing a ban, as a result of the campaign.
Please click below if you would like to view the Fact Sheets for your relevant State or Territory.
To read ACJ's BANNING Fact Sheets click here
Education: New ACJ Legal Fact Sheets on Medication as a means of Chemical Restraint
ACJ receives numerous enquiries from family members and friends concerned by the use or the proposed use of medication to control the behaviour of a person in residential care. This is known as ‘chemical restraint’.
On 27 November, ACJ launched its education project on the obligations of aged care providers in using chemical restraint in the state of Victoria, with the aim of reducing serious incidences of restrictive practices in aged care settings. This project received funding through the Victorian Legal Services Board Grants Program.
The first set of Fact Sheets are titled ‘When can medication be used to manage an aged care resident's behaviour? They are designed to inform Victorian aged care recipients, their families, friends, carers, and the legal community on the obligations of Providers, what constitutes unlawful restraint, and how to access legal support.
The information regarding Provider obligations applies to all States and Territories, however it is important to note that the law on substitute decision making may differ depending on the State or Territory.
Please click below if you would like to view the Fact Sheets.
To read ACJ's CHEMICAL RESTRAINT Fact Sheets click here
Legal Update: Complaints Received by ACJ
ACJ received over 83 complaints and queries over 2024, involving a range of issues including:
Neglect, involving dehydration and malnourishment.
Continued use of medication to subdue behaviour when medication was intended to be temporary.
Banning a family member from visiting a resident in an aged care facility due to misuse of decision making power.
Lack of appropriate care after returning to the facility from hospital causing significant injury, and in some cases, death.
Injury resulting from the facility failing to seek urgent medical attention.
Failure to appropriately monitor health issues leading to illness.
- Contract queries relating to exit fees.
- Charging of services not rendered.
We were able to assist most complainants, and we thank our allied law firms that continue to provide a pro bono consultation service.
ACJ is looking for additional firms to join our legal panel Australia wide. Please contact us if you would like further information.
Elder Law Accreditation in NSW
In August 2025, the NSW Law Society announced a new Elder Law Accreditation Program to enhance the expertise of solicitors in supporting older Australians and their caregivers. The program, which will be
introduced in 2025, is in recognition of the specific and diverse legal issues reported by older Australians, including the appointment of substitute decision makers, and elder abuse.
We welcome this initiative that will provide specialist legal expertise, in complex ares of law, and access to justice for older Australians and their families.
2025 Activities: ACJ's Future Focus
In 2025, ACJ will continue to assist the aged care community with access to justice, rights education and advocating for sector reform.
Some of our activities for the new year include:
- Continue our Restrictive Practices education project by releasing Fact Sheets on the remaining types of restraint - physical, mechanical, environmental and seclusion.
- Expand our legal panel to assist more complainants across Australia.
- Continue to participate in Government consultations on the upcoming aged care Rules and Quality Standards, so we can relay the concerns of our complainants and help drive reform.
- Identify topics and issues that impact the aged care community to develop further education on legal rights for the public.
ACJ will be available over the
Holiday Period.
We would like to thank everyone for their ongoing support and wish you all a safe and happy festive season.
If you or your family member, or friend, is experiencing an issue with their aged care provider and are unsure of their rights or options, ACJ may be able to arrange an initial free legal consultation with a lawyer.
Use our Get Help Form, or email info@agedcarejustice.org.au, or call 03 9016 3248.
Access to legal information and support is vital for our most vulnerable, as is legal education and lobbying for sector reform.
If you would like to support ACJ in delivering its aims please donate today.
