Newsletter 

Friday, 16th March 2023

Newsletter Snapshot 

1. Human Rights and Aged Care 

2. ACJ attend Roundtable on Aged Care at Parliament House 

3. Opportunity for you to become involved in aged care rights to assist your community! 

4. Consumer rights in aged care after the 2020 Bupa ruling. 

Human Rights and Aged Care. 

Will a human rights approach improve the quality of Australian aged care?

A human rights-based approach is a conceptual framework based on international human rights standards for ensuring that the rights of individuals are at the centre of policy and practice. In reconceptualising Australia’s obligations to its older people, seeing them not as vulnerable, but active right holders, this approach has the ability to improve the standard of care delivered by aged care providers. Currently, the Aged Care Charter lacks enforceability with no attached penalties for breach. Aged Care Justice volunteer, Josh de Voogel, explores how human rights operate in aged care settings, and how and to what extent, respecting such rights can make a difference to improve the welfare for recipients of care.

Read more articles by Aged Care Justice volunteers on our website 

ACJ attends Roundtable on Aged Care at Parliament House. 

On Friday March 10, ACJ, along with other aged care advocacy groups from around the country, attended the Roundtable on Aged Care organised by Senator Janet Rice. 

The event was a great opportunity for organisations advocating for aged care recipients to convene and discuss ways we can influence the change we want to see in the sector. 

The discussions focussed on the elements of a human rights-based approach to aged care and the changes advocates believe are necessary for the new Aged Care Act to enshrine a high standard of care.

ACJ believes adequate rights protection and an enforceable standard of care are crucial in ensuring the wellbeing of aged care recipients is prioritised and upheld. A framework for enforceable claims for breach of provider responsibilities will bring accountability to aged care and deter reportable practices. 

ACJ also supports the recommendations made by the Royal Commission into Aged Care, as they provide practical strategies for sector reform with respect to governance, enforcement, reporting, and duty of care.  

We would like to thank Senator Rice for the opportunity to contribute and all of the participants of the Roundtable for their collaboration - Aged Care Reform Now, QACAG, Carers' Circle, Aged Care Matters, Elder Rights Advocacy, Meals on Wheels, National Older Women's Network, Dr Sarah Holland-Batt, Margaret Walsh OAM and Gwenda Darling. 

ACJ will continue to work with Government and aged care advocacy and legal groups to help drive change in the sector through legal rights protection. 

Developing legal rights information for the aged care community. 

Our objective is to improve the welfare of aged care residents and support the delivery of quality aged care services. Information on aged care rights is critical in receiving, negotiating, promoting and defending quality care.

Aged Care Justice has already created a series of fact sheets on the topic of restrictive practices so there is better understanding of the practices allowed around physical, medical and environmental restraint. If you would like further information click here. 

In 2023 we will be rolling out further aged care legal rights educational material. We have created the topics listed below, and would like to now consult with the wider community to prioritise, revise or add topics, to meet the needs of the diverse aged care community. Please email info@agedcarejustice.org.au if you'd like to provide input on the below topics: 

The Residential Aged Care Agreement
1. Understanding your rights under your aged care Resident Agreement.
2. Tips for negotiating your Resident Agreement.
3. What standard of care is included under your Resident Agreement?
4. What can you do when there is a breach of your Resident Agreement, and what are the remedies? 

The Home Care Agreement
1. Understanding your rights and responsibilities under the Home Care Agreement.
2. Tips for negotiating your Home Care Agreement.
3. What standard of care must your provider deliver under your Home Care Agreement?
4. What does a breach of your Home Care Agreement look like and what remedies are you entitled to?

Elder Rights in Aged Care
1. What is neglect in an aged care setting and what can you do about it?
2. What is an ‘unreasonable use of force’ in an aged care setting and what your rights?
3. What are your decision-making powers once a Power of Attorney or Guardian is in place?
4. Can an aged care provider stop someone from visiting an aged care resident? 
5. Can a person receiving aged care, or their family, access health records of the older person? 
6. Who determines if an older person has the capacity to make their own decisions? 

Are you receiving the additional services you are paying for in aged care?

While residents should be able to assume that they are receiving the services for which they are paying, a 2020 ruling against Bupa, one of Australia’s largest aged care providers, revealed that this is not always the case. ACJ volunteer, Zara Bendit-Rosser, explores how the Bupa case reveals a lack of checks and balances within the aged care system to protect the consumer rights of aged care recipients. 

Aged Care Justice (ACJ) connect aged care recipients and their loved ones to legal services. If you have an issue with an aged care provider, a free legal consultation is available to everyone, as well as pro-bono assistance for those who qualify. Call (03) 9016 3248 or email info@agedcarejustice.org.au or click the button below to fill in the Get Help Form.

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.