ACJ Newsletter 

Friday, 22 August 2025

Newsletter Snapshot 

1.  Update on Bupa Class Action: Bupa argues it never promised to meet minimum care standards

2.  Education: Rules on using restrictive practices in home care under the new Aged Care Act 

3.  Legal Update: Types of complaints received by ACJ

4.  Case Law: Court finds in favour of aged care complainant in recent case

5.  Final Draft of Aged Care Rules: Important revisions for aged care users 

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.

Update on Class Action against Bupa:

Bupa argues it never promised to meet minimum standards under Aged Care Act

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

Under the current Aged Care Act and the new Aged Care Act, mandatory minimum care standards are required of aged care providers, however Bupa has argued in the Federal Court that it never promised to meet those standards.

As reported by HelloCare, Echo Law Partner, Andrew Paull, said “Rather than defending the quality of its care, Bupa’s legal team is arguing that it never promised to meet basic aged care standards in the first place. This legal argument highlights a disconnect between what residents and families expect from aged care providers, and what those providers may argue they’re required to deliver."

Paull added, “Families can’t be told through Bupa’s marketing slogans that they provide ‘quality care for your everyday life’ on the one hand and then have Bupa turn around and say the company isn’t obliged to meet even the bare minimum care standards set by Parliament."

The class action is seeking compensation for residents at Bupa aged care homes who experienced substandard care from 1 July 2019 to 11 April 2025. There are no out of pocket costs to participate in this class action. These proceedings are current and ongoing. 

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, 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 the new Aged Care Act say about the use of restrictive practices in home care?

The Aged Care Act 2024, scheduled to come into force on 1 November 2025, sets out new requirements for the use of restrictive practices in home and community settings.

Restrictive practices involve limiting an individual’s freedom to control their behaviour, and can include the use of psychoactive medication, restraining an individual physically, or secluding an individual in a room where they cannot leave.

There are protections introduced in the new Act for the use of restrictive practices in home care settings.

A restrictive practice can only be used if the practice is documented in the home care recipient’s Care and Services Plan. A Care and Service Plan may provide information on when a restrictive should be applied, the type of restrictive practice, the length of time it should be used and when it should be reviewed. The Provider must prepare the Care and Services Plan in consultation with the individual, family, and health team.

Aged Care Justice has developed Fact Sheets to help the public and the legal community understand the obligations of home care providers so that individuals accessing home care, and their supporters, can be aware of what must occur for a restrictive practice to be considered or applied. This project received funding through the Victorian Legal Services Board Grants Program.

In the coming week, ACJ is releasing Fact Sheets on the new laws guiding who can be a Restrictive Practices Decision Maker in residential aged care 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. 

Fact Sheets on Restrictive Practices in Home Care - 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:  

• unable to meet care needs, such as pureed diet, leading to choking.  

• lack of medical care, including not being given prescribed medication, leading to illness.

• faulty bed sensors leading to repeated falls.

• mistreatment of resident in response to resident making complaints about their own care.

• resident assaulted by another resident and facility refused to move the violent resident. 

• home care contract concerns over clauses relating to house deeds. 

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

Case Law: Court finds in favour of aged care complainant in recent case

In November 2023, Mr Lau brought proceedings in the District Court of NSW in response to his complaints regarding the mistreatment of his late wife, Betty, in a residential aged care facility.

Mr Lau said that his main intention was not to ask for monetary compensation for damages, he just wanted validation that the aged care facility had violated Betty’s rights, and had been in breach of the Aged Care Quality Standards. Mr Lau emphasised that a majority of the Standards applied to him as well, and said he was dissatisfied with the response to his complaint from the Aged Care Quality and Safety Commission.

Mr Lau believed that the aged care facility owed him and Betty a public apology. 

In May 2025, the Court found 3 claims in favour of Mr Lau, which amounted to a breach of contract in the supply of services, non-compliance with 3 Aged Care Quality Standards, and statutory breaches of the consumer care guarantee by the aged care facility. 

Mr Lau said, "this case showed that residents and their representatives have rights” and he urged all residents and their representatives to stand up for their rights.

“Aged care homes should learn that the Aged Care Quality Standards must be strictly adhered to." 

"The justice system should be easier for residents and representatives to access, it should uphold aged care rights and justice for residents and representatives, and should be less harsh on the plaintiff" added Mr Lau. 

If you would like to know more about this case, please visit the case links below: 

Man Hay Lau v Anglican Community Services [2025] NSWDC 193 (28 May 2025)

Lau v Anglican Community Services (No. 2) [2025] NSWDC 211 (12 June 2025)

Final Draft of Aged Care Rules: Important revisions for aged care users 

On August 4, the final draft of the Aged Care Rules under the new Aged Care Act were released. The new Aged Care Act is to commence on November 1.

Below are some of the revisions: 

• Removal of hourly caps on home care services like cleaning and gardening.
• Higher Everyday Living Fee (HELF) can only be charged once a person enters care, bundling of services is allowed, and cost recovery for providers is allowed in the event of early termination by the resident.
• Introduction of care management payments set at $120 per hour, capped at three hours per quarter.
• Revised means testing rules to differentiate between singles and couples.
• Cooling-off periods for residential care agreements doubled to 28 days.
• Introduction of a limit on daily accommodation contributions, applying to residents moving between homes post-2014. 
• Revised review processes where the Complaints Commissioner is the original decision maker of a complaint’s decision.
• Minor amendments to encourage the use of resolution processes, including alternative dispute resolution for complainants. 

If you would like to know more about the above changes, please visit the Department's Summary or the final draft of the Aged Care Rules. 

If you have any queries regarding your home care or residential contract, or issues relating to the delivery of care, please fill in the Get Help Form below so Aged Care Justice can connect you with a lawyer for a free consultation. 

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.