Aussies sue aged care provider over claims of mistreatment and broken promises

Deciding to seek additional care for a loved one is rarely easy, often filled with mixed emotions and high hopes for their well-being.

Yet, for many families, the experience has fallen short of expectations, leading to growing concern and disappointment.

These ongoing issues have sparked a primary legal response involving a prominent care provider, raising serious questions about the broader state of the industry.


The class action, filed by Echo Law, covers 1 July 2019 to 1 April 2025 and accuses Bupa of providing 'poor-quality care' that one family member described as 'soul-destroying.'

The lawsuit alleges that Bupa failed to meet the standards of care it advertised and was legally obliged to deliver, including adequate staffing levels and sufficiently trained personnel.

The distressing experiences of families and residents are at the heart of this legal battle.


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Bupa Aged Care Australia has been sued in a class action over alleged poor care and legal breaches. Credit: Facebook


One class action member recounted the 'horrifying' conditions her father endured at a Bupa facility in 2022, including a lack of staff and training that left him in distress.

'Dad lived a life of dignity and service... It was every child's worst nightmare to see their parent treated so poorly at a vulnerable time in their life,' she said.

Her story is a stark reminder of the human cost behind the allegations.


The Royal Commission into Aged Care Quality and Safety, which took place between 2019 and 2020, unearthed 'unacceptably high levels of substandard care' in for-profit aged care centers, including systemic understaffing and failures in staffing skill-mix.

Despite these findings, the lawsuit claims Bupa did not sufficiently alter its practices to meet the minimum acceptable level of care required under Australian law.

Echo Law's senior associate, Lauren Meath, emphasised that while staff on the ground are doing their best, systemic failures at the corporate level are preventing residents from receiving the care they need and deserve.

'These are systemic failures at the corporate level and the expense of residents,' Dr Meath stated.

The class action seeks to hold Bupa accountable for these alleged failings, aiming to recover damages for breach of contract and breaches of consumer guarantees under Australian Consumer Law.

It's a fight for the rights of aged care residents, who, according to Dr Meath, are 'all too often ignored.'


In response to the lawsuit, a Bupa spokesperson stated that the company had received the claim and was reviewing it.

They highlighted investments made since 2019 in their people, leadership teams, and model of care, which they claim have improved quality and compliance outcomes.

However, the matter is now before the courts, so they declined to comment further.

For our readers with loved ones in aged care, this lawsuit may be a wake-up call to monitor the care being provided closely.

It's a reminder to ask questions, demand transparency, and, if necessary, take action when care standards are not met.

The well-being of our seniors is non-negotiable, and it's crucial that aged care providers are held to the highest standards.
Key Takeaways
  • A class action lawsuit has been filed against Bupa Aged Care Australia, alleging poor-quality care and breaches of contractual obligations and consumer guarantees under Australian Consumer Law.
  • The lawsuit covers a period from July 1, 2019, to April 1, 2025, and claims Bupa failed to provide adequate staffing levels and manage acceptable care standards as found by the Royal Commission into Aged Care Quality and Safety.
  • Echo Law, the firm that filed the lawsuit, argues that Bupa marketed itself as a high-quality provider but consistently fell below minimum acceptable benchmarks for care.
  • The class action seeks to enforce the rights of aged care residents and recover damages, while a Bupa spokesperson stated that the company has invested in improving their care since 2019 and will review the claim.
Have you or your loved ones faced similar challenges? What steps did you take to address them? Your stories can help others navigate this complex and emotional journey, and together, we can advocate for the respect and care our seniors deserve.
 

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They are inspected but some know when the inspection will be and make sure everything is as it should be
Most Aged care faciliies are privately owned, so they expect to make a profit. They charge large sums of money as well. This means at the cost of resources for their clients. Although some look good and promise the world I know of many poor outcomes for elderly who are placed in their care. Like falls, neglect, loneliness, lack of health care and required medication, poor nutrition or lack of food. These are examples from friends who have placed their elderly relatives in these places. I refused this when it came to my mother and now my aunt who lives with me. THIS INDUSTRY NEEDS CLOSER SUPERVISION AND REGULATION, how on earth did BUPA and others get away with it??
 
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Reactions: tqueenie55
They are inspected but some know when the inspection will be and make sure everything is as it should be
Correct...... I lived through that in retail...not that I paid a tinkers cuss.....on the budget I was given that's the way was....
 
I worked in age for 12 years until 2018 as a nurse. The last 5 years were very hard, because I worked for a large corporation ! It was disgusting. I think the problem is that the only thing this Co's have in mind is profit, cutting costs, staff, etc, they don't care about the residents or good staff and good care at all.
They have good friends in high places, they get acreditation without any problem, and so on. It is hopeless, I am turning 70 this year, and I am already dreading getting older !
 
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Reactions: Sherril54
Aged care facilities should be taken by a government body and supervised very closely. They should not be profit making businesses ! Our elderly lived and worked hard, paid taxes, this is not right ! We treat our pets better !
 
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Reactions: Sherril54 and Liz
Aged care facilities should be taken by a government body and supervised very closely. They should not be profit making businesses ! Our elderly lived and worked hard, paid taxes, this is not right ! We treat our pets better !
I found out yesterday in Aged Care Facilities in Brisbane (not sure if it all) they won't be having AEC in to let the residents vote in this election. You either, if you have family, get them to take you to a polling booth, get a taxi or apply for a postal vote. These are the people who made our country great.
 
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Reactions: Sherril54

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