Legal Advice Referrals

The Royal Commission into Aged Care Quality and Safety found unacceptable levels of substandard care in Australia’s aged care system. Commissioner Briggs found that at least 1 in 3 people accessing residential aged care and home care services have experienced substandard care.

The many recommendations made to overhaul the system include that the voices of people receiving care must be a priority to ensure that the system is fixed.

To break the cycle of substandard care, we wish to support the victims and their loved ones in speaking up, and where appropriate, seeking legal recourse against those responsible.

Victims often don’t speak up for many reasons, including that the aged care recipient and their loved ones:

• are uncomfortable raising a complaint as the resident is fully reliant on the aged care provider for all of their care;
• don’t want to be a problem or exasperate the matter further;
• have insufficient knowledge of their rights;
• do not know who to contact to initiate an inquiry;
• are isolated and are unable to access help;
• do not think they have sufficient finances to seek legal advice.

The time has come to improve Australia’s aged care system. Part of that involves those in aged care and their family and friends, speaking up and taking action. It will not only make the system better for the individual, it will help break the cycle of entrenched, inadequate care, and hopefully create a better system for the next generation.

 

 

Aged Care Justice’s Role

Aged Care Justice is a registered charity supporting the comprehensive reform of Australia’s aged care system, including ensuring that aged care recipients and their loved ones have a voice and can pursue their rights.

If you are concerned about your treatment, or the treatment of a loved one, contact Aged Care Justice at info@agedcarejustice.org.au or call (03) 9016 3248, and we will arrange access to a suitably experienced lawyer.

Aged Care Justice will:

• make it easy to access help – if you have a phone or a computer you can contact us;
• connect you to lawyers who not only understand the legal issues that are involved but also understand the emotional support needed because they are experienced in elder law;
• seek to connect you with appropriate assistance regardless of your financial situation;
• educate you, and the community, about the rights of aged care residents and home care recipients;
• be there to discuss further options if you have problems in seeking redress.

 

 

Aged Care Justice’s Panel of Legal Firms

Aged Care Justice’s associated legal firms are required to offer a first consultation to an aged-care complainant at no charge.

Complainants referred by Aged Care Justice are required to be assessed by the firm to determine whether they qualify for pro bono relief. The test is: Can the person afford a lawyer? If the complainant does not qualify for pro bono services, commercial arrangements should first be agreed if the complainant wishes to proceed as a client of the firm.

If the complainant does qualify for pro bono services, the firm should offer to provide such services and enter into a solicitor-client relationship, unless the firm does not have capacity to provide same. In that case the matter should be referred back to Aged Care Justice to seek to identify alternative, and appropriate, pro bono legal services.

 

Aged Care Justice’s Request of People Referring Matters to Us

We understand that it can be difficult for complainants to reach out for support and that they might not want to discuss their matters in detail with us for various reasons, e.g., confidentiality, referral fatigue, or the sensitive nature of their concerns.

However, we do ask that you contact us immediately if you are not happy with the law firm we refer you to and we will identify another firm to assist.