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In reconceptualising Australia’s obligations to its older people, seeing them not as vulnerable but as active right holders, the human rights approach has the ability to improve the standard of care delivered by aged care providers.

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.

By Harriet Knapman 1. Introduction When a consumer moves into an aged care facility, they may pay their accommodation costs in one of three ways: a refundable lump sum, a daily payment (‘DAP’), or a combination of the two. A refundable lump sum or Refundable Accommodation Deposit (‘RAD’) is an upfront full payment of accommodation…

This paper considers the current duty of care expected of providers and the most appropriate path forward in strengthening current statutory mechanisms.

This article addresses some of the difficulties that aged care residents face in achieving redress for deficient care through the current complaints process administered by the Aged Care Quality and Safety Commission (ACQSC).