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The aged care crises continue

The aged care crises continue under a Labor government

It has been four years since the Royal Commission into Aged Care Quality and Safety’s final report was tabled in federal parliament. Unfortunately, Labor’s so-called “generational” reforms to aged care fail to address fundamental systemic issues.

In her recent damning report on the progress of the recommendations of the royal commission, the aged care inspector general, Natalie Siegel-Brown, cuts through Labor’s spin. She states: “Despite the volume and pace of reform, a number of actions that would have seeded transformational change have not yet been delivered, some actions are not actively being considered, and indeed the manner of implementation in some areas may bring about unintended consequences.”

The government has celebrated the passage of its new Aged Care Act 2024. This is undoubtedly an important reform. However, it fails to take the leap from a provider-focused system to one that genuinely places the rights of older people front and centre.

The new aged care act has been promoted as a rights-based framework for the delivery of aged care. However, Stephen Duckett described the new aged care act as “rights washing”. According to Duckett: “(The) high sounding rhetoric is simply there to placate consumers and advocates, allowing providers to continue on their way unimpeded.”

Although the new Aged Care Act includes a Statement of Rights that outlines the rights older people will have when accessing aged care services, these rights are not legally enforceable. When a right is breached, the only recourse will be to make a complaint.

Thankfully, older people have the right to “live without abuse and neglect”. However, other important rights have not been included in the new aged care act, including the right to freedom from restraints. Despite the royal commission identifying an urgent need to respond to the significant over-reliance on chemical restraint in aged care homes, the new aged care act does not restrict the prescription of psychotropic medication or adequately address the use of restraints.

Most importantly, the Labor government has chosen not to implement the Royal Commission’s call for a demand-driven system providing universal access to aged care based on assessed need. The rights-based framework established under the new aged care act does not give an older person an entitlement to receive care. It only gives an older person an entitlement to an assessment.

Labor has introduced a Single Assessment System. It has also handed out nearly $1.5 billion to private operators to conduct aged care assessments. We now have aged care assessments being conducted by organisations that also deliver aged care support, a clear conflict of interest.

Catholic Healthcare, for example, operates 42 residential aged care homes and provides home care services to about 4,000 older Australians. It was awarded nearly $136 million to undertake aged care assessments until 2029. The Aged Care Royal Commission expressly warned against this, recommending that all assessments be undertaken by an assessor who was not involved in providing aged care so that a person’s level of funding would be determined independently.

After rejecting the recommendation to finance the aged care system through an aged care levy, the Labor government convened yet another taskforce in 2023. It was Aged Care Taskforce, not the Royal Commission, that recommended a funding model in which people should make a co-contribution to their care costs based on their ability to pay.

The new co-contribution funding model is primarily focussed on a medical not social model of care. While the new Support at Home program will cover costs of clinical care, non-clinical care such as domestic help and gardening will be subject to co-payments. The out-of-pocket costs for domestic and gardening services will range from 17.5% for full pensioners to 80% for self-funded retirees.

Assistance with showering has been categorised as non-clinical. The cost of a shower will range from 5% for full pensioners to 50% for self-funded retirees. If an older person cannot afford the co-payment for a shower, they may need to skip it. This not only has implications for a person’s hygiene but also their dignity.

While exceptions will be made for people who satisfy hardship provisions, the process of making the application with Services Australia will be difficult for some older, vulnerable people.

The aged care inspector general, Natalie Siegel-Brown, described charging fees for services that support social and community engagement as “inconsistent with the [new aged care] act’s approach to high quality care, particularly the importance of individuals participating in meaningful and respectful activities”.

After a royal commission that cost $92 million, and a Labor government that campaigned in 2022 on implementing aged care reforms, many of us expected genuine aged care reform. Instead, here we are again with media headlines declaring an “Aged Care Crisis”.

First published in Pearls and Irritations on 12 September 2025

Aged care “free market”

Aged care “free market” where a home care package deal masks a crisis

Seven years after Scott Morrison surprised everyone by announcing the Royal Commission into Aged Care Quality and Safety, media headlines are again describing an ‘Aged Care Crisis’. This is not surprising, given Labor’s “generational (my italics) aged care reforms” fail to address fundamental systemic issues.

These systemic issues began when the Howard government’s Aged Care Act 1997 encouraged an increase in private investment in the aged care sector. Private equity firms, new foreign investors, and superannuation and property real estate investment trusts entered the aged care ‘market place’.

Labor’s “Living Longer Living Better” 2012 reforms continued to treat aged care as a free market – describing older people as “consumers”. The 2016 Aged Care Roadmap called for “lighter regulation” and a “consumer driven and market-based system”.

Treating aged care as a free market led to the Royal Commission into Aged Care Quality and Safety because some providers prioritised profits over care.

The Royal Commission found the aged care system was based around “transactions” rather than care. However, the commissioners did not agree on the changes necessary to shift from a provider-focused system to one that places the rights of older people front and centre.

Across 148 recommendations, there were 43 points of disagreement between the two commissioners. While Pagone recommended fundamental systemic changes, Briggs did not. For example, Pagone recommended the creation of a new independent statutory agency — the Australian Aged Care Commission. In contrast, Briggs recommended the Department of Health added “and Aged Care” to its name.

Both Liberal and Labor governments accepted Briggs’ recommendations – thereby forgoing the opportunity for fundamental systemic changes to the aged care system.

After rejecting the recommendation to finance the aged care system through an aged care levy, the Labor government convened yet another taskforce in 2023. Most members of the Aged Care Taskforce were the usual suspects, ignoring Einstein’s adage “We cannot solve our problems with the same thinking we used when we created them”.

It was Aged Care Taskforce, not the Royal Commission, that recommended a funding model in which people should make a co-contribution to their care costs based on their ability to pay. In fact, co-payments are contrary to the recommendations of the Royal Commission that called for guaranteed access to aged care based on assessed need.

The new co-contribution funding model is primarily focussed on a medical not social model of care. Activities such as nursing care, wound management, physiotherapy, and medication assistance, remains fully funded by a home care package. In contrast, services supporting daily living and independence, such as domestic and gardening help, showering and lifestyle activities are subject to co-payments. The out-of-pocket costs for domestic and gardening services will range from 17.5 per cent for full pensioners to 80 per cent for self-funded retirees.

While exceptions will be made for people who satisfy hardship provisions, the process of making the application with Services Australia will be difficult for some older, vulnerable people.

Co-payments will undoubtedly undermine some basic rights for those least able to afford care. The cost of a shower, for example, will range from 5% for full pensioners to 50% for self-funded retirees. If an older person cannot afford the co-payment for a shower, they may need to skip it. This not only has implications for a person’s hygiene but also their dignity.

Much has been made of Labor’s new aged care act that will be introduced later this year. The new aged care act has been promoted as a rights-based framework for the delivery of aged care. However, Stephen Duckett described the new aged care act as “rights washing”. According to Duckett: “(The) high sounding rhetoric is simply there to placate consumers and advocates, allowing providers to continue on their way unimpeded.”

In her recent damning report on the progress of the recommendations of the royal commission, the aged care inspector general, Natalie Siegel-Brown, described charging fees for services that support social and community engagement as “inconsistent with the [new aged care] act’s approach to high quality care, particularly the importance of individuals participating in meaningful and respectful activities”.

The new aged care act does not confer an entitlement to receive care. A person is entitled only to assessment – not to receive the care they are assessed as needing. Again, this is contrary to the recommendations of the Royal Commission.

Why has the Labor government failed to deliver a new aged care act that genuinely enshrines the rights of older people who use aged care services – either residential or in-home care? Kathy Eagar offers a possible explanation: “The current government appears captured by the aged care sector itself and by a small group of Canberra public servants.”

After a royal commission that cost around $92 million, and a Labor government that campaigned in 2022 on implementing aged care reforms, many of us hoped that stories about an aged care crisis were behind us. Sadly, that is not to be.

First published in Michael West Media 9 September 2025

Big money, big conflicts

Big money, big conflicts. Aged care assessment privatised by stealth

The Coalition government abandoned plans to privatise aged care assessments in 2021 following an outcry from key stakeholders, amid warnings of risks to the health of older Australians and conflicts of interest.

Three years later, the Albanese Labor government has stealthily done what the Coalition government recognised as a step too far. Labor has largely privatised the aged care assessments under the guise of a Single Assessment System.

What’s worse, aged care assessments are being conducted by organisations that also deliver aged care support, a clear conflict of interest. Catholic Healthcare, for example, operates 42 residential aged care homes and provides home care services to about 4,000 older Australians. It was awarded nearly $136 million to undertake aged care assessments until 2029.

The Royal Commission expressly warned against this being allowed: it recommended that all assessments be undertaken by an assessor who was not involved in providing aged care, so that a person’s level of funding would be determined independently. 

Nearly $1.5 billion has been handed out to private operators under the Single Assessment System to conduct aged care assessments, according to contract details released last December by the Department of Health and Aged Care.  

A Single Assessment System was a recommendation of the Royal Commission into Aged Care Quality and Safety, which the Coalition accepted. 

However, its plans to privatise aged care assessments was met with fierce resistance from stakeholders, including state and territory health ministers, the Australian Medical Association and the Australian and New Zealand Society for Geriatric Medicine. 

The AMA, for example, warned that privatisation “would risk the health of older Australians and open the system up to conflicts of interest”.

Despite these warnings, the federal Labor government has now proceeded down the privatisation path. In early 2024, there was an open tender process for organisations with the capacity and capability to deliver aged care assessments for the Single Assessment System. Since December 2024, the private sector (both for-profit and not-for-profit) has been undertaking aged care assessments. State and territory governments continue to deliver hospital-based assessments. 

Since December, concerns have been growing about the quality of assessments under this privatised system.

I was recently asked to advocate for Susan* following an aged care assessment undertaken by APM – a private company that was awarded $226 million to undertake assessments. Susan lives alone on the Mornington Peninsula with no family on hand to offer support.

In July 2024, Susan’s GP requested a comprehensive assessment via My Aged Care. In December 2024, Susan mistakenly received a regional assessment. According to those working in the sector, this is a common mistake.

Comprehensive assessments need to be undertaken by staff who are clinically qualified. These assessors not only ask questions but also probe the answers. They know that older people with cognitive failure can present very well, so it is critical to dig deeper. 

Regional assessments, on the other hand, do not require staff with a tertiary degree. According to a number of senior staff in aged care, new assessors working for some private companies may only receive eight hours of online training to conduct regional assessments. These aged care staff are also concerned that some assessments are conducted over the phone if the assessor does not have time to do a face-to-face interview. 

Susan’s regional assessment was riddled with errors, some quite serious. These errors have been highlighted in pink. (insert pic)

When I raised concerns about the inaccuracies in Susan’s assessment with the Minister for Aged Care, I received the following response from the Department of Health and Ageing: “I would like to assure you that the Australian Government is committed to creating a better experience for older people in Australia seeking aged care services. 

“The department has developed a new Single Assessment System, to simplify and improve the experience of older individuals undergoing aged care assessments. As part of this system, one workforce will be empowered and trained to conduct the necessary assessments across both home and residential care. This important reform is an opportunity to improve the delivery of aged care assessments, including assessment wait times.”

In the past, our taxes funded councils to undertake regional assessments and provide aged care services under the Commonwealth Home Support Program. Council services were in the main excellent and much appreciated by recipients. Older residents and their families appreciated having a highly trained and fairly remunerated Council employee provide aged care services. They also knew they were not being ripped off by a private provider that prioritised profits over care.

However, councils have exited aged care in droves because of changes in the way the Federal Government funds aged care. According to the Australian Services Union, just 26 of Victoria’s 79 councils currently provide aged care home services. 

So now our taxes are given to large private companies to undertake the private assessments and then private companies to deliver the services. 

In some cases, the company that undertakes the assessment is the same company that delivers the home care. What could possibly go wrong?

* Not her real name

With Elizabeth Minter

First published in Michael West Media on 1 March 2025

Who cares … Arcare?

Who cares … Arcare? Aged care providers still charging for services never provided, regulator hiding

Some aged care providers are a law unto themselves. Although Australian Consumer Law makes it illegal for a business to accept payment for products and services that are not supplied, some aged care businesses wilfully break the law. Residents in these aged care homes are charged for services they do not use.

Residents may be charged for services such as an internet connection, irrespective of whether they use the internet. Teetotallers may also be charged for wine with dinner. Rather than protect residents from this financial abuse, the Minister for Aged Care and the national regulator of aged care services continue to turn a blind eye.

According to legislation, additional services can only be charged if the resident “receives direct benefit or has the capacity to take up or make use of the services”. Aged care providers must not only regularly review a resident’s ability to derive a benefit from the additional care or services but also itemise these additional services in a monthly statement.

When Mr and Mrs Jones entered an Arcare residential facility, the contract included an Additional Services fees of $20 per person per day. So what did this buy them? A choice of menu for lunch and dinner; a selection of wine and beer with dinner; weekly hot cooked breakfast; exclusive use of the private dining room; weekly pre dinner drinks; weekly high tea; daily newspaper in communal areas; wireless internet in your private suite; exercise classes; Foxtel, and local small group outings. Other items listed in the agreement, included, a welcome gift on arrival, exclusive use of private dining room and two meals for family and friends on first day. So residents had to pay for their own welcome gift – seriously?

When Mr and Mrs Jones’ daughter questioned paying an extra $140 each per week, Arcare agreed to reduce the fee to $70 per week, on the condition that Foxtel was removed from each room.  Was Arcare charging her parents $10 per day to access Foxtel?

Each month Arcare provided an invoice. This invoice included ‘daily care fees’, ‘means tested fees’ and ‘additional services’. However, these ‘additional services’ were not itemised – so there was no way of knowing which of these ‘additional services’ Mr or Mrs Jones had used. Did they have wine for dinner or attend an exercise class?

When the daughter realised that Mr and Mrs Jones were not using any of the additional services, she asked to have the fee abolished. However, Arcare refused. So, the daughter made a formal complaint to the aged care regulator – Aged Care Quality and Safety Commission (ACQSC).

Eight months after her initial complaint, and after numerous follow up emails, the daughter was advised that ACQSC had not been able to resolve the complaint.

The daughter did not give up. She contacted ACCC, the Commonwealth Ombudsman and the Office of the Australian Information Commissioner and Older Persons Advocacy Network – all to no avail. She then went back to ACQSC. Surely it was their job to ensure aged care providers acted lawfully.

Her persistence paid off. Fourteen months after her initial complaint, ACQSC issued a ‘Notice of Intention to Give Directions (Notice)’ to Arcare. According to this Notice Arcare:

  • charged an additional services fee for a bundled package but did not provide an itemised cost for each service;
  • had no review process to assess a consumer’s capacity to benefit from the additional services provided; and
  • included care and services in a package of services already required to be provided under the Quality of Care Principles 2014 (e.g. a communal newspaper, a choice of meals at lunch and dinner, exercise classes and bus outings).

In response to the Notice, Arcare proposed a range of actions it would take. However, these actions were not sufficient to address the complaint. So ACQSC issued Directions to Arcare. These Directions outlined the actions Arcare was required to undertake (including necessary timeframes) in order to meet its responsibilities under the Aged Care Act 1997. Arcare was required to:

  • take action to provide an itemised list (including costs) for each element of its bundled package of additional fees;
  • provide accurate information about the availability and access arrangements for the included care and services;
  • only charge for additional care and services where care recipients are able to derive a benefit from them;
  • cease charging for items that should be provided under the Quality of Care Principles 2014; and
  • provide refunds where they have charged additional fees unlawfully.

Arcare challenged the Directions Order in the Federal Court. It soon became clear that ACQSC was no match for Arcare’s lawyers. After a year of legal shenanigans, ACQSC advised the daughter to negotiate directly with Arcare for compensation. However, the daughter was not fighting only for her parents. She was fighting for all Arcare residents who are charged for services they do not use.

Arcare continues to charge additional fees irrespective of whether residents use these services. They also do not provide an itemised list (including costs) for each service (see recent invoice).

Although the aged care regulator is fully aware that Arcare and other aged care providers are not acting in accordance with aged care legislation, ACQSC has washed its hands. ACQSC simply does not have the power to enforce residents’ legal rights. What is the point of the government introducing a new Aged Care Act without a strong regulator with the power to enforce legislation?

In 2018, Regis and Japara were forced to repay residents millions of dollars that had been charged to clients under the guise of an ‘asset refurbishment fee’. The ‘asset refurbishment fee’ that was declared illegal by the Federal Court. It’s well past time for Anika Wells, Minister for Aged Care, to step up and declare it illegal for aged care providers to charge residents for services that they are not receiving in an aged care home.

A personal story of living well in an aged care home

In 2010, my parents, Joan and Roy Russell, moved into an aged care home together. They chose the aged care home primarily because they could sleep together in the same bed.

After Dad’s death in January 2012, I visited Mum most days until her death in September 2015. I wanted Mum’s quality of life in the aged care home to be as good as it could be. Mum had already lost her husband and most of her independence, and I wanted her to feel valued in her ‘twilight years’.

Mum was happy living in the aged care home. Many staff treated her with kindness, respect and love. She had her favourites – Charlotte, Alex, Argus, Vicky, Kunal and Jenny…

Mum made lifelong friends with several residents – though many of her new friends did not live for long. Her good friend, Trudi, died in 2014. Soon after, so too did Sam, Greg, Heather, Val and Alma.

I visited Mum around lunchtime. I sat at Mum’s dining table with Trudi, Lorraine, Marion and Etta. Mum did not have a large appetite – but she was always given a full portion at lunchtime so that I could eat her leftovers. The food was excellent. The kitchen staff were all very kind to Mum, especially Tony.

Mum established ‘her seat’ in the communal lounge room from where she observed everything with a registered nurse’s eye. She gently rebuked staff who did not treat her respectfully: “Please don’t talk to me as if I am a child” or “My name is Joan, not sweetie”.

Every Tuesday afternoon, Mum, Etta, Marion and I played bridge. Etta was once a State Champion. Although her hearing and eyesight were impaired, Etta could remember every card that had been played. She was a formidable opponent. Unfortunately, Etta hung up her cards after having a fall. Mum and I then started playing bridge on an iPad, though more commonly we did The Age crossword with Lorraine and Kay.

Lorraine and Kay had done The Age crossword for more than 60 years. These women had an excellent knowledge of synonyms. They also easily adapted to the increasing inclusion of short phrases in the crossword. There was laughter when we finally came up with ”trip of a lifetime” for the clue ”most remembered tour”. However, the obscure general knowledge questions often left them bewildered. Rather than complain, these older women would ask me to pull out the gadget in my pocket and ”google” the answers.

Mum looked forward to her monthly trips to her beach house, away from the routines of the aged care home. She came alive sitting on the deck, or in front of the fire, surrounded by people and dogs, chatting and reminiscing. At her beach house, she peeled the potatoes, top and tailed the beans – activities considered ‘too risky’ at the aged care home.

In 2012, a relative approached my brother and me to express her concerns that standards of care had declined since Pam had retired as the manager. Jane was forming a relatives’ group. My brother did not want to get involved, but I did. The grievances mostly related to management, staff morale and standards of care (Russell, 2012). To the owner’s credit, he responded quickly. The manager was replaced and staff morale and standards of care were restored. This incident demonstrated the vital role a manager plays in any aged care home.

After a year or so of visiting the aged care home, I was concerned that the media only reported negative stories about aged care homes. Surely Mum was not living in the only good aged care home in Australia. My plan was to write a positive story about an aged care home (Russell, 2017). However, things changed dramatically during the last month of Mum’s life.

When Mum was dying, I sat at her bedside in the aged care home to protect her from inflexible routines and policies. I ensured she slept as long as she needed, and ate when (and if) she wanted. I had once worked as a critical care nurse – so I knew how to care for a dying woman.

Only a few PCAs had the skills required to care for Mum when she was dying. Michelle and Cheryl provided excellent care. However, some PCAs provided thoughtless task-oriented care. On one occasion, a PCA tried to change Mum’s night incontinence pad when Mum was asleep. I asked her to let Mum sleep. She replied: “It is policy. She must have a day incontinence pad because it is day time.” I questioned this so-called policy, and the PCA replied: “I just work here. I do what I am told.”

Soon after this incident, I received an email from the Manager. She demanded that I leave Mum’s bedside. “I need you to let my staff do their jobs… Interfering with Mum’s care is not helping her. I replied:

I hope you will re-consider your comments in your email and perhaps educate your less experienced staff about working in partnership with family members. Some relatives want to be involved in ‘hands-on’ care, others don’t. I believe this should be our decision, not yours.

I did not have confidence that staff could do their jobs and refused to budge from Mum’s bedside. Mum died peacefully, with a smile on her face. On the morning of her death, she said to me: “Darling, you really do need a hair cut”.

The day after Mum’s death, the aged care home’s GP phoned me to confirm the time of death. Staff had told him she had died at 6.30pm. I told him it was in fact 5.35pm. He also asked me what he should write on her death certificate. After visiting Mum monthly for several years, I expected him to at least know her medical history. I suggested he wrote: “broken heart”, but that is another story.

I doubt I would have become an aged care advocate if the manager had not emailed me a week or so before Mum died. As an aged care advocate, I have heard countless heart-breaking stories about aged care homes from both relatives and residents. These heart-breaking stories inform my opinion pieces. However, I remind myself that these stories are only part of the story.

Solutions to aged care crisis

Talk given to Southern Womens Action Network (Swan) on 20 November

Thank you for the invitation to speak today.

I also pay my respects to Boon Wurrung people of the Kulin Nation, their elders past, present and future. I extend my respect to all Aboriginal and Torres Strait people here on zoom today. The resilience and wisdom of your culture is our nation’s greatest treasure. I wish to acknowledge the respect your culture bestows on your elders. I also wish to acknowledge that sovereignty has never been ceded. It always was, and always will be, Aboriginal land.

The aged care sector is in crisis.

Evidence for this statement is in the 8 volumes of the Final Report of the Royal Commission into Safety and Quality of Aged Care. It’s also evident in the 20 plus inquiries that preceded the RC and the 75 articles I have published.

A year before the RC started, the federal government announced yet another inquiry into aged care. Soon after the announcement, I bumped into Greg Hunt jogging on the Mt Martha boardwalk. I stopped him to ask why we needed yet another inquiry. Surely the government was aware of the systemic problems in the aged care sector. I told him I thought our aged care system was a national disgrace. Greg disagreed, claiming Australia had a “world-class” aged care system. The RC, announced a year a later, certainly proved me right and Minister Hunt wrong.

This morning, I will describe what’s wrong with the aged care system.

But I don’t want to focus on what’s wrong.

I’d prefer to focus on solutions about how to fix the aged care system. The first step is to shift our ageist attitudes.

It was never part of my life plan to be an aged care advocate. I stumbled into aged care advocacy after my parents moved into an aged care home in 2010. With my background as a public health researcher and a registered nurse, I saw the systemic issues in aged care and began publishing my analysis of these issues in the media. I soon developed a reputation as an independent and informed aged care advocate.

It was also not my plan to stand as the Voices Endorsed Independent candidate for Flinders. However, when the Voices candidate pulled out, and members of Voices voted to endorse a candidate, I put my hand up to replace the Aged Care Minister in his seat of Flinders. I did this primarily to help Voices. But I was also motivated by the failure of successive governments to respond meaningfully to the crisis in aged care.

My parents enjoyed living in their aged care home. Most staff treated them with kindness, respect and love. Staff in aged care homes are often hard working, dedicated people doing a very difficult job for not much pay or professional kudos.

My parents chose the aged care home primarily because they could sleep together in the same room. It’s important to stress that “they” chose the aged care home themselves. Unlike many families who are forced to make the decision quickly after an older person has a health crisis (e.g. fall, heart attack), my parents moved into the aged care home when they were both in reasonably good health.

I noted with interest during the Royal Commission that Merle Mitchell, who had once been the president of the Australian Council of Social Service (ACOSS) and was a resident in an aged care home, did not describe her aged care home as “a home”. In contrast, mum and dad called Victoria By The Park their home. This suggests there are huge variations in aged care homes – ranging from the dangerously bad (like the ones we hear about in the media) to the very good (that we hear very little about in the media). My parents were lucky to choose a good aged care home. However, choosing a good aged care home should not rely on luck.

After dad’s death, I began visiting Mum most days for about 3 years until her death in 2015. I had a routine of arriving each day around lunchtime. I would sit at the dining table with Mum’s friends. Mum did not have a large appetite – but she was always given a full portion at lunchtime so that I could eat her leftovers. The food was excellent, certainly much better than I cook.

In the afternoon when Mum’s great grand children visited, we transformed the lounge room into romper room which Mum and the other residents really enjoyed. We had our own ‘Old People’s Home for 4 Year Olds’.

After a year or so of visiting Mum, I became concerned that the media only reported horror stories about aged care. Surely Mum was not living in the only good aged care home in Australia.

I designed an open-ended questionnaire for family and friends, asking them to describe their experiences of the aged care home.

174 people from around Australia completed the questionnaire. However, they mostly described their negative experiences, some that were quite shocking – similar to what we heard during the RC.

I sent my report to Ken Wyatt who at that time was the Minister for Aged Care. I encouraged him and his advisors to read it. It took a few months – and numerous emails and phone calls –  for him to actually read it. I am known for my persistence. When he and his advisor finally read the report, they told me it shocked them.

When politicians visit an aged care home, the manager/owner puts on a lovely afternoon tea, employs extra staff and introduces them to only the happy residents and families.

Soon after Ken read my report, he asked whether I could do similar research for home care. Ken recognised that I am truly independent –unlike COTA, Older People’s Advocacy Network and National Seniors, I do not receive any government money. My aged care advocacy work is all voluntary.

Ken wanted to know older people’s experiences of in home care – from those who receive home care packages and Commonwealth Home Support Program. I wish staff at Morningon Peninsula Shire Council had read this report before they made their decision to transition council’s home care to private providers.

My consumer research on residential and home care should contribute to evidence-based policy. However, there are some barriers. Aged care policy is primarily determined by providers, bureaucrats and politicians – not older people, families and staff.

Before I start talking about solutions, it’s important to talk briefly about the RC. Scott Morrison’s announcement of a royal commission into aged care surprised everyone, including the aged care minister, Ken Wyatt, who, just the week before had told me we did not need one. We had all the evidence we needed. We just needed the political will to act.

The announcement of the RC came on the eve of ABC Four Corners’ special two-part investigation into the failings in aged care. When the RC was announced, I argued in the Guardian that “government by media” had replaced careful consideration of the evidence. I believe the RC into aged care, like the RC into banking, was a strategy for the previous government to continue to kick the can down the road.

Before jumping into yet another expensive royal commission, it would have been prudent for the government to review the numerous inquiries that both LNP and ALP governments had initiated over the past 2 decades. Surely the government didn’t need Four Corners to inform them that the aged care sector is in crisis.

There have been so many inquiries, reviews, consultations, thinktanks and task forces that have provided mounds of evidence of inadequate personal care, negligence, neglect, abuse and assault. These inquiries have resulted in a large number of really good recommendations, most of which have been ignored by successive governments. I predicted the findings of the royal commission would be similarly ignored. And I was proved correct – though my fingers are crossed with our new federal government.

Ken Wyatt invited me to assist with the terms of reference of the royal commission. But in the end, the major failing of the RC was the 2 royal commissioners disagreed. People think I am joking when I say Lynelle Briggs and Tony Pagone should have had counselling – to sort out their differences – before making their recommendations. Their disagreements resulted in the RC recommendations being a total dog’s breakfast.

When Anika Wells, the new ALP aged care minister, said the ALP government would accept ALL the recommendations from the RC, I contacted her to ask which recommendations – Lynelle Briggs or Tony Pagone’s?

It has become increasingly clear that Anika Wells, the Department of Health and providers all support Lynelle Briggs’ recommendations. Her recommendations tinker with the aged care system. Tony Pagone’s recommendations would have genuinely reformed the aged care system. Not surprisingly, I supported Tony Pagone.


Tinkering with the Aged Care system will not fix it. We need an aged care system that positions older people (not providers) front and centre. We desperately need a new aged care system that is focussed on the Human Rights of older Australians not the profits of providers.

I have made a list of 15 suggestions for reforming the aged care system.

A new Aged Care Act that focuses on the human rights of older people

Effective regulation

Accountability and transparency

Financial transparency

Increased staffing levels and skill mix

Improved training of staff

Registration of personal care attendants

Disclosure of performance indicators

Public access of regulator’s reports

Public reporting of complaints including how they were managed and resolved

Banning the use of antipsychotic drugs unless prescribed by a psychiatrist

Mandatory reporting of elder abuse

Home care that prioritises each individual’s need for support

Working with older people and families when designing aged care services

Stopping the unjust detention of residents in aged care homes

I will spend the remainder of my talk speaking briefly to each of these suggestions.

Firstly: We need a new Aged Care Act that focuses on the human rights of older people

The primary cause of the of the systemic failures in the aged care system is John Howard’s 1997 Aged Care Act. This aged care act put providers in the drivers’ seat, not older people.

One of the most common complaints heard during the royal commission is aged care homes do not employ enough staff. The current Aged Care Act (1997) states that providers are required to employ “adequate numbers of appropriately skilled and trained staff”. This lack of clarity enables providers to determine what is an “adequate number” and what is “appropriately skilled”. As a result, private providers have replaced registered nurses with much less skilled staff. And, given staff salaries are the main outgoings for aged-care providers, many providers minimise staff numbers so they can maximise profits.

Thank goodness, a new aged care act is something both Commissioners agreed on. So it was music to my ears when their 1st recommendation was: A new aged care act – to come in no later than July 2023. They also stipulated in 2nd recommendation that this new aged care act should focus on human rights of older people. Yay!

2. Effective regulation

In 2017, the government released the aged care roadmap. The aged care roadmap promotes “lighter regulation” and a “consumer driven and market-based system”. This is intended to increase competition within the aged care sector.

Paradoxically, the providers of aged care services lobby simultaneously for a decrease in regulation and an increase in government subsidies.

Providers believe the government should step back and let the free market operate. But these so-called “consumers” are often frail elderly people some with dementia. How can an elderly person with dementia “drive” the aged care system in a free market?

Furthermore, when the taxpayer is subsidising the care of elderly people, the public’s investment needs to be protected in the form of more regulation, not less.

In my opinion, our new federal government should ditch the Aged Care Roadmap that has driven aged care down the neo-liberal road and over the cliff.

The aged care sector desperately needs a regulator with teeth that ensures providers are accountable.

3. Transparency and accountability

My research on residential aged care and in-home care indicates the public want more transparency in the aged care sector.

Although many people, myself included, believe the care of older people is too important to be left to the free market, our local council clearly supports a consumer driven and market based system, as evidenced by their decision to transfer local council aged care services to 2 large private providers. It was also evident when the Mayor’s justified this decision on ABC radio with Virginia Trioli.

In a free market, so-called “aged care consumers” require access to information to inform their choice of product.

For example, to make an informed decision when choosing an aged care home, “aged care consumers” require information about the home’s standards of care. However, aged care homes are not required to disclose information about their standards of care. How can people make informed decisions when they do not have access to this vital piece of information?

The most common reason providers give for not sharing this information with the public – please don’t faint – this information is “Commercial-in-confidence”.

After lobbying from advocates such as myself, a crossbencher, Rex Patrick, tabled three critical amendments to the Aged Care Legislation Amendment Bill in 2019.

If these amendments had been passed, they would have been a game changer. They would have improved transparency and accountability around finances, staffing ratios and complaints in aged care homes. However, they did not pass, thanks to LNP and Pauline Hanson.

Without financial transparency, the public has no way of knowing how providers spend the government subsidy, which is now a whopping $21 billion each year. Do they spend the subsidy on providing nursing care, meals and activities for residents or on salaries (or sports cars) for their executive team?

The peak bodies representing providers say they welcome transparency. Yet they lobbied against the financial transparency amendment by producing a “red tape” report. This report claimed that sharing financial data with the public leads to excessive costs. This claim is total nonsense given that providers are required to share financial data with the Department of Health.

My next suggestion is an obvious one: Increased staffing levels and skill mix

A key to high quality aged care is a good staff-resident ratio. Without mandated ratios, many aged care homes operate with too few registered nurses and personal care attendants.

My research found that aged care homes with high numbers of well-trained, empathetic staff invariably provide high quality care. The physical environment matters much less than the personal care. Residents’ wellbeing depends on staff having time to deliver genuine person-centred care, irrespective of whether there is a chandelier in the lounge room.

Which brings me to 180 or so Victorian state operated aged care homes. In 2015, the Andrews government introduced nursing staff ratios to public hospitals AND public aged care homes. Although these state operated homes are often in older buildings, they are really well staffed.

During the past 2 years of the pandemic, most residents who died from Covid were in private aged care homes not state operated aged care homes, highlighting the importance of high numbers of well trained staff.

I am a huge fan of these Victorian aged care homes and fully support Kate Lardner’s advocacy for a state operated aged care home in Mornington.

In addition to improving the numbers of staff, we also need to Improve their training

Caring for older people with complex health issues is a demanding job that requires specific expertise. TAFE offers reputable 12 month courses. However, there are also fast-tracked courses (some as short as 6 weeks). These short courses do not equip graduates to work competently with older people.

Registration of personal care attendants

Currently, there is oversight of most health professionals who work in aged care homes. Registered and enrolled nurses, psychologists, social workers etc. must all be registered with respective professional bodies. But personal care attendants are not registered with any professional body. To work in an aged care home or home care, personal care attendants require only a police check.

Currently when personal care attendants are sacked for poor standards of care, they simply get another job in a different aged care home or with a different home care provider.

I witnessed this in Mum’s aged care home when standards of care declined after a new manager started. In addition to the complaints about standards of care, there were also allegations of theft, abuse and negligence against 2 personal care attendants.

During a meeting with residents’ families, we all shared our complaints. Sharing complaints with each other was extremely important. Rather than everyone think their complaint was a “one-off”, it highlighted the fact that there was a serious problem in the aged care home.

So what did we do? Some wanted to go straight to the media but I did not see how this would resolve our problem. I suggested, in the first instance, families documented their grievances. I then wrote a 60-page report.

I met with the owner and gave him the list of the grievances. The first thing he did was to apologise. I could tell that it was a genuine apology. Then to his credit, he responded quickly.

The manager was ‘retired’ (a euphemism for ‘sacked’) and the 2 personal care attendants did not work in the aged care home again. My concern is they went to work in another aged care home.

I am glad one of the recommendations of the Royal Commissioners is to introduce a system of registration for personal care attendants similar to other health care professionals.

I advocated for this recommendation to be introduced immediately. However, the previous government did nothing. Thankfully, our new federal government has promised that personal care attendants will be registered. We now need the slow wheels of bureaucracy to move.

Disclosure of performance indicators

I have tried unsuccessfully to get data on adverse incidents in aged care homes such as the incidence of pressure injuries, dehydration, malnutrition, medication errors and falls. This information is needed not only for researchers such as myself to have an evidence-based discussion about standards of care – but also to help people make informed decisions when choosing an aged care home.

Let’s say a family is looking for an aged care home. After reading glossy brochures, they choose one. 6 months later, their loved one receives the wrong medication and is rushed to hospital. They then find out that there have been several medication errors in that aged care home over the past year. If they had that information BEFORE they chose the aged care home, they would most likely not have chosen it.

Public access of all regulator’s reports

I once asked Ken Wyatt to give public access to all Aged Care Quality and Safety Commission reports on aged care providers.

A Channel 9 Freedom of Information request showed Ken took my idea of the Aged Care Sector Committee. However, the idea was voted against after the CEO COTA (allegedly a consumer organisation) claimed patronisingly that the information in these reports would be “too technical” for the public.  This completely blew my head off.

Public reporting of complaints including how they were managed and resolved

Public reporting of complaints is part of my push for transparency. Although complains are inevitable, it is important to know how complaints are resolved.

Unfortunately, the Aged Care Quality and Safety Commission refuses to share this information.

The question I have been asking for 6 years is: Who decided that information on the safety and wellbeing of residents and recipients of home care must be kept top secret?

The federal government has a long history of being far more concerned about protecting aged care providers – some of whom are multinationals and large superannuation funds – than looking after the interests of those living in residential aged care and receiving home care.

For example, during Victoria’s 2nd lockdown, Richard Colbeck, the Minister for Aged Care, said he would not publicly name the aged care homes with outbreaks of Covid. He said he said he was worried about providers’ “reputational damage”.  So what did I do? I asked members of my Aged Care Matters Facebook group to name aged care homes with outbreaks. I then published the list of 124 names. It is the only time a tweet of mine has gone viral. Soon after this, The Department of Health published the names in a Weekly Report, and continue to do so.

Banning the use of antipsychotic drugs unless prescribed by a psychiatrist

The first national audit of psychiatric medication prevalence in aged care homes found nearly two-thirds of all residents were prescribed psychotropic agents regularly.

The overuse of sedative medication is “chemical restraint.”

This not a new problem. In the past 20 years, there have been several government inquiries into an over-reliance on medication to manage the behaviour of residents. These inquiries recommended educating staff working in aged care homes about alternative ways to manage behavioural problems. The elephant in the room, however, is doctors who prescribe the medication.

There is strong evidence that many psychiatric drugs are not only often ineffective but may also cause older people substantial harm, including falls, pneumonia and sometimes premature death. So why are doctors prescribing these drugs? That’s a rhetorical question – they are being prescribed because there is not enough suitably trained staff employed to manage challenging behaviours.

Mandatory reporting of elder abuse

Financial abuse appears to be the most common form of elder abuse. Research has identified adult children, particularly sons, as the most common perpetrators of financial abuse. The victims are often women over the age of 80.

I have worked hard to ensure red flags of financial elder abuse – e.g. a bank is now required to report when a financial power of attorney makes large withdrawals from an older person’s bank account.

It is worth noting, however, that the research in this area has been undertaken primarily in the community, not aged care homes.

In more recent years, my attention has turned towards elder abuse in aged care homes – where the most common form of abuse is physical and sexual. We now have a Serious Incident Response Scheme – though I had hoped their reporting would be better.

Home care that prioritises each individual’s need for support

Most older people want to stay at home as they age.

In the old days, before My Aged Care, Victoria had one of the best home care systems via Home And Community Care. Local councils employed highly trained, caring and competent staff to provide an invaluable service to older people in our community.

In 2013, The Gillard ALP government introduced the Living Longer Living Better aged care reforms. These reforms were motivated by forecasts of a burgeoning ageing population and concerns – and quite legitimate concerns – about how the government could afford to provide services for older people in years to come.

These bipartisan reforms encouraged private home care aged care providers to enter what government bureaucrats call the “aged care market place”. Soon after these reforms were legislated, the Liberal and National Party won the federal election – and they have forged ahead with gusto to implement the neo-liberal reforms.

The Coalition government was determined to turn the provision of home care services into a competitive market – turning older people into “economic participants”.

Some Councils have rejected transitioning their long standing and long trusted services to a market-based system. These councils appreciated how important their services are to older people in their communities.

My research shows that council aged care workers are valued and sometimes loved by their clients. Older residents and their families appreciate having a highly trained and fairly remunerated Council employee provide aged care services. They can also be assured they are not being ripped off by a private provider that prioritises profits over care.

The most common complaint about corporate home care providers is the high turnover of unqualified, inexperienced, untrained and poorly paid support workers. A high turnover of staff is a recipe for disaster. It results in strangers being sent to work in an older person’s home. Older people simply have to trust that they will be treated with respect and kindness.

The health department has been talking about combing home care packages and Commonwealth Home Support Program since 2018. The new program, to be called the Home Support Program, was due to start next year. However, the Albanese government has delayed the start date until 1 July 2024. In announcing the delay, Anika Wells, the Aged Care Minister, said the government was “taking the time to address the concerns instead of rushing to failure.” As a result, several councils have delayed their decisions about whether to remain a home care provider.

The best way to ensure older people get the residential and home care services they deserve is for governments to work with older people and families when designing aged care services.

The new buzz word is co-design – however, like many bureaucratic buzz words, the word has been adopted but not the practice.

I’ve attended several co-design workshops with KPMG that have been tokenistic consultations. Again, let’s hope the new Labor government does it better.

My final suggestion relates to the pandemic when many aged care providers detained residents in aged care homes

The past 2 years of Covid has been a heartbreaking time for many residents in aged care homes, and their families.

When the pandemic took off in March 2020, all non-essential staff were banned from entering aged care homes. This included family members who regularly cared for their loved ones by helping with feeding, toileting, social support and so on.

Providers claimed a total lockdown was necessary “to save lives”. However, families who were locked out were far more afraid that their loved ones would die of neglect, not Covid.

In their special report, the aged care royal commissioners expressed concern about providers’ decision to keep residents locked in and families locked out. In several aged care homes, residents were confined to their room, some for more than two months. Taking away an older person’s liberty by confining them to their rooms was profoundly damaging to their mental and physical wellbeing. Some legal experts have suggested it may also have been illegal.

The royal commissioners also noted that the reduction in visitors had made it difficult for staff to meet the day-to-day care needs of residents. This admission points to how heavily private providers rely on the family members/friends and volunteers to help with meals, exercise and care for residents.

To conclude:

If the current Labor government genuinely wants to reform the aged care system, the Minister for Aged Care needs to engage recipients of aged care services – both residential and home care – families and staff.

Many years ago, I gave similar advice to the Department of Health. So they organised a “consumer round table” with Ken Wyatt (when he was the Minister for Aged Care). I was invited together with many CEOs of consumer organisations.

After introductions, I realised there was NOT one genuine consumer at the round table. So I said to Ken Wyatt (who was also the Minister for Indigenous Affairs):

“Can you imagine convening a meeting to discuss Indigenous affairs without one First Nations person at the table?”

Unlike many of the CEOs, Ken understood my message.

My message to federal government  and the Department (which is now called Department of Health and Aged Care – thanks to Lynelle Briggs’ tinkering – is to quote Einstein “We cannot solve our problems with the same thinking we used when we created them.”

Thank you.