ACJ Newsletter 

Friday, 13 Jun 2025

Newsletter Snapshot 

1.  Bupa Class Action: Echo Law commences class action on behalf of residents of Bupa aged care homes

2.  Education: What does environmental restraint and seclusion look like? 

3.  Legal Update: Types of complaints received by ACJ

4.  Comment from our CEO, Anna Willis: Delay to the Aged Care Act 

5.  The new Aged Care Act: ACJ Legal Panel Lawyer, Ian Nathaniel, provides his views on the new Aged Care Act

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 in residential care or home care, we can connect them or their representative to a lawyer for a free legal consultation.

Email info@agedcarejustice.org.au or click the button below to fill in the Get Help Form.

Bupa Aged Care Class Action:

Echo Law Commences Class Action against Bupa Aged Care Australia  

On 14 April, Echo Law commenced a class action on behalf of residents of Bupa aged care homes between 1 July 2019 and 11 April 2025 who have experienced substandard care.

In Australian aged care, there is a minimum acceptable level of care required under law.

The class action is based on the allegations that Bupa has failed to provide the minimum standard of care.

According to Echo Law, 'Bupa's own reporting confirms systemic understaffing' and there have been 'serious failings that impact the safety and quality of life of residents [at Bupa homes] and the quality of care they are entitled to receive'. 

The allegations include that Bupa: 

• breached its contractual obligations to residents; and

• breached consumer guarantees under the Australian Consumer Law (ACL), by failing to provide services that are fit for purpose and delivered with due care and skill.

The class action is seeking compensation for residents at Bupa aged care homes that have delivered substandard care from 1 July 2019 to 11 April 2025. There are no out of pocket costs to participate in this class action. 

For more information or to register as a member of the class action, click the link below.

If you have a legal issue related to aged care services, please contact ACJ so we can refer you to one of our panel lawyers for a free legal consultation. 

Bupa Class Action Information and Register click here

Education: What does environmental restraint and seclusion look like, and when can it be used? 

The latest Sector Performance Report (December 2024) released by the Aged Care Quality and Safety Commission on the inappropriate use of restrictive practices in residential aged care, reveals a slight increase since the last quarter in September 2024. 

There are various types of restrictive practices including environmental, physical, mechanical and chemical restraint, and seclusion. ACJ has produced educational material to improve understanding on the application of these practices. This project received funding through the Victorian Legal Services Board Grants Program.

We have released fact sheets on the use of environmental restraint and seclusion, adding to our pre-existing fact sheets and videos on chemical, mechanical and physical restraint. The fact sheets apply to Victorian residential aged care services in an aged care facility, delivered under the Commonwealth’s Aged Care Act 1997 (Cth).

What is Environmental Restraint?

Environmental restraint involves restricting a resident’s free access to their surroundings, or activities like day trips, or items like mobile phones.

What is Seclusion?

Seclusion involves the isolation of a resident and is considered a severe practice reserved for managing serious behaviours. All restrictive practices may only be used as a last resort to prevent harm.

Education Resources Available 

ACJ has produced the following resources on the use of environmental, physical, mechanical and chemical restraint, and seclusion in residential aged care: 

• Fact Sheets for the Public 
• Informative Animated Videos for the Public 
• Detailed Fact Sheets for the Legal and Advocacy Community 

In the coming months, ACJ will be releasing Fact Sheets on the Use of Restrictive Practices in Home Care Settings and on the new laws guiding who can be a Restrictive Practices Decision Maker in Victoria. 

If you have any queries relating to this education material or would like to collaborate on these topics or others, please contact ACJ via email info@agedcarejustice.org.au or click below to view the resources. 

Environmental Restraint and Seclusion Fact Sheets click here

Legal Update: Complaints Received by ACJ 

ACJ receives a wide variety of complaints relating to aged care services. We were able to assist most complainants, and we thank our allied law firms that continue to provide a pro bono consultation service. 

Some of the issues include:  

• banning of residents from visiting their loved ones after making a complaint about their care  

• inappropriate use of environmental restraint 

• lack of individualised care for a medical condition at a high care respite facility leading to hospitalisation 

• EPOA banning siblings from visiting despite no authority to ban    

• issues with Public Guardian not liaising with resident to support their needs

• resident being served mouldy bread leading to illness

• home care provider refusing to increase level of care despite care needs changing   

ACJ is looking for additional legal firms to join our legal panel across Australia to provide pro bono consultations.

Please contact ACJ below if you would like further information. 

Contact ACJ if you would like to join our legal panel click here

Comment from our CEO, Anna Willis, on the delay to the new Aged Care Act

On 4 June, the new Minister for Aged Care and Seniors, Hon. Sam Rae MP, announced that the commencement of the new Aged Care Act will be delayed until 1 November 2025. 

The new Act was scheduled to come into force on 1 July 2025.

The announcement states that the brief delay will assist in systems transitions, and ensure "people accessing home care services continue to receive safe, quality care and have the time to understand the Support at Home changes."

Prior to the announcement, there was a general push from aged care consumer groups to delay the Act to ensure home care users and aged care providers were prepared for the changes. 

The Government will "consider an amendment Bill that will set up the final details of the Aged Care Rules and enable effective operation of the new Act."

"The short delay in the introduction of the new Aged Care Act is necessary, as older Australians will have greater choice in service selection and require more time to fully understand their rights under each service contract", says ACJ CEO and Solicitor, Anna Willis. 

"The new Act does not grant legally enforceable obligations so understanding your obligations before entering a contract is an important protection" says Willis. 

If you have any queries regarding your rights under your existing or new residential or home care contract, contact Aged Care Justice. 

ACJ Legal Panel Lawyer, Ian Nathaniel, provides his views on the new Aged Care Act

Piper Alderman Partner and ACJ Legal Panel Lawyer, Ian Nathaniel, has co-authored an article on the regulatory changes under the new Aged Care Act. 

The article, 'Reform at last: the Aged Care Act 2024 and what to expect on 1 July 2025', provides an overview of some of the reforms introduced by the Act including 'clear complaint pathways'. The article states: 

One of the significant reforms in the Act is the implementation of clear complaints pathways. The law clarifies that registered aged care providers are required to establish and maintain a comprehensive complaints and feedback management system. The Act expressly prohibits victimisation or discrimination against individuals who raise concerns or provide feedback, and includes whistleblower protections to safeguard those reporting substandard care or misconduct.

Under the new framework, complaints should first be directed to the relevant service provider, who must respond promptly and in accordance with their statutory obligations. Where concerns are not adequately addressed, individuals may escalate the matter to the Complaints Commissioner. The Commissioner is required to investigate and resolve complaints within a defined timeframe and must issue a written statement outlining the outcome and any corrective action taken.

ACJ believes early resolution of complaints is vital, as aged care residents are often entirely reliant on aged care providers to meet their daily care needs. When complaints can be resolved without the need for escalation, there are better outcomes for the resident, the resident's loved ones, and the provider. 

To read the full article by Ian Nathaniel and his colleagues please click here.

Get Help Form

Access to legal information and support is vital for our most vulnerable, as is legal education and lobbying for sector reform. 

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