Challenges in Advancing Aged Care Complaints

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).

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Whistleblowing Protections in Aged Care

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.

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What are the Limits on Available Damages to Aged-care Residents?

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.

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Australia’s Litigation Lag

The findings of the recent Royal Commission into Aged Care[2] have shed light again on the astonishing amount of abuse that occurs in residential facilities in Australia. Some providers are subjecting residents in their care to poor nutrition, unlawful restraint, and neglect have been revealed as common experiences in homes which have been reported by the Commissioners.

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Delays in Aged Care Facilities

Australia has one of the highest rates of its population living in residential aged care of any country in the world. Over 6% of Australian residents aged 65 or over live in residential aged care facilities, the second-highest in the OECD after Lithuania.

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