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In the wake of damning evidence at a royal commission, a plaintiff law firm has filed a class action against Bupa for its alleged failure to provide quality care to residents in its aged care homes.
Proceedings filed in the Federal Court by Echo Law alleged Bupa Aged Care Australia did not provide quality care to its residents between 1 July 2019 and 11 April 2025 due to staffing shortages.
While acknowledging current Bupa staff are “doing their best”, Echo Law’s senior associate, Dr Lauren Meath, said Bupa’s own reporting confirmed widespread understaffing and alleged failures to meet the minimum acceptable level of care required under Australian law.
“Bupa markets itself as a high-quality provider with sufficient, well-trained staff ready to provide a high level of personalised support, but the evidence shows that Bupa’s homes regularly and consistently fall below minimum acceptable benchmarks for care,” Dr Meath said.
The class action has alleged Bupa breached contractual obligations under its resident agreements and contravened consumer guarantees under Australian Consumer Law by failing to provide services that are fit for purpose and delivered with due care and skill.
In the 2019-2020 Royal Commission into Aged Care Quality and Safety, there was evidence of “unacceptably high levels of substandard care”, including in Bupa’s owned and operated facilities.
A member of Echo Law’s class action, Sarah Laing – participating on behalf of her father, William Anderson – said she was “horrified” by the alleged level of care a Bupa facility had been providing.
“It is every child’s worst nightmare to see their parent treated so poorly at a vulnerable time in their life,” Laing said.
“Our family trusted that Bupa would deliver what they promised and are required under law to provide. Our experience was soul destroying. I hope this class action serves to ensure no other resident has to experience the poor care my dad endured.”
The litigation is supported by funder CASL.
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Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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