Articles

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).

Those who experience or witness malpractice, in any medical setting, must be assured that they will not face retribution if they speak out about substandard care. This highlights the importance of protections for individuals who ‘blow the whistle’ on poor practices, whether they be staff or residents.

Recent legislative reform regarding the use of restraints and restrictive in aged care is insufficient to protect residents’ rights.

Australian legislators are at a crossroads with the current opportunity to improve the dismal state of aged care services. 

A recent Commonwealth government audit showed that 90 per cent of residents at a Newcastle nursing home had received psychotropic drugs without prior written consent.

The Royal Commission into Aged Care Quality and Safety found that a victim of mistreatment in an aged care facility may obtain compensation through an action based on a breach of contract or in tort law e.g., a breach of duty of care.[2] This article focuses on the limitations placed on awards of damages or compensation in tort claims.