Bupa Aged Care has been issued a class action lawsuit over allegations of poor-quality care at its residential aged care homes with Echo Law calling on residents and families to register their interest if affected.
Key points
Echo Law launched the class action because it believes that some for-profit aged care organisations are failing to provide the levels of staffing and care that are required by law, and that they are specifically funded to provide.
It acknowledges that even Bupa’s own reporting shows that it has ‘continually failed to improve its staffing levels to an acceptable level, or to meet its legal obligations’.
“We have brought this class action against Bupa Aged Care Australia today and it’s in respect of substandard care in all of their residential aged care facilities, on behalf of every resident who has suffered substandard care from 1 July 2019 onwards,” Echo Law Senior Associate Dr Lauren Meath told HelloCare.
“The class action alleges that Bupa has failed to provide the quality of care that it contractually promised to residents, that it was required to deliver under law, and we say that as a result, residents are entitled to damages and compensation.
“Anyone who sits down and speaks to the affected families will understand why a class action is necessary, and why they should be supported to enact their rights.”
The class action alleges that these are “serious failings that impact the safety and quality of life of residents”.
“The Royal Commission [into Aged Care Quality and Safety] found that inadequate staffing levels, inadequate skill mix, and inadequate training are some of the principal causes of substandard care in the aged care sector,” Dr Meath added.
“When we look at Bupa’s own reporting, we see it has not been meeting the standards required on staffing in relation to the care minutes they are required to provide to each resident each day.”
Bupa could only provide a brief statement in response due to the nature of the legal proceedings, with a spokesperson stating;
“Bupa received a claim from Echo Law just this morning and we are currently taking some time to review the claim. Since 2019, we have invested in our people, our leadership teams and our model of care, and our quality and compliance outcomes reflect this.
“As this is now a legal matter, it isn’t appropriate to provide further comment at this time.”
Dr Meath expressed support for staff on the floor who are doing their best to provide safe and high-quality care, yet she acknowledged that there’s only so much they can do when widespread understaffing is occurring.
“These are systemic failures at the corporate level and at the expense of residents,” Dr Meath said.
While many aged care providers provide high-quality care, and have also elevated the quality of care they deliver in recent years, Echo Law alleges that Bupa has failed to truly take action following the Royal Commission into Aged Care Quality and Safety.
The law firm believes that legal action is an important step towards accountability and improving the standard of care delivered in Bupa residential care homes. Dr Meath also hopes it will help create an aged care system we can all be proud of.
“Aged care residents have the same rights as any other member of the community, however those rights are all too often ignored. This class action seeks to enforce those rights and ensure that there are consequences for Bupa’s failings,” Dr Meath added.
“Aged care residents and their families should be able to trust that they will receive safe and high‑quality care when entering aged care. The experience should match what is promised and marketed by Bupa, and what is expected by the Australian community and at law. Sadly at Bupa that has not been the case.”
Echo Law has been speaking with impacted residents and families over the last year with Dr Meath labelling their stories ‘heartbreaking’.
Sarah Laing is a class action member participating on behalf of her late father William ‘Roy’ Anderson who resided in a Bupa facility in 2022. During Roy’s residence at Bupa, Sarah was horrified by the level of care provided to her father. Sarah witnessed a range of poor care issues, including serious gaps in staffing and staff training that left Roy in pain and in distress.
“Dad lived a life of dignity and service. He had an active social life, loved the rugby, and loved his family,” Sarah shared.
“It is every child’s worst nightmare to see their parent treated so poorly at a vulnerable time in their life. 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.”
Residents who resided at Bupa between July 1, 2019 and April 11, 2025, and their families, can learn more about the class action and register their interest in being updated as it proceeds at www.echolaw.com.au/bupa.
Residents of other aged care providers, and their family members, are also invited to register their interest as Echo Law is investigating similar claims for substandard care with other aged care providers.
Proceedings have been lodged in the Federal Court of Australia. The litigation is supported by Australian litigation funder CASL.
HelloCare contacted Bupa Aged Care for comment, however, we did not receive a response in time for publication.
I worked at Bupa Nursing Home, and we cared for our residents. The trouble was we were always under staff. But our residents never suffered. If they looked after their staff they probably wouldn’t have issues. I loved my job
Mum has been in care next month for 4 years… Hammond care with awful failure and I wish to get help … the commission is slow and generally few outcomes are long lasting nor are staff set up to follow the guidelines