Bupa Aged Care faces ACCC action over alleged false service claims

Bupa Aged Care in Court for alleged misrepresentations about services. Source: Getty Images

The Australian Competition and Consumer Commission (ACCC) has started proceedings in the Federal Court against Bupa Aged Care Australia, alleging the healthcare group made false or misleading representation to its aged care residents at 21 aged care homes about services it did not, or only partially provided.

Between December 2007 and June 2018, Bupa charged thousands of residents at 21 aged care homes across the country a fee for a package of extra services.

The ACCC alleges that it did not provide, or only partly provided, some of these services, the fees for which often amounted to thousands of dollars each year.

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The services allegedly not provided included air conditioning in all rooms, a covered outdoor exercise area, large talking book libraries, ‘smart room’ systems to assist those living with dementia, physiotherapy rooms, tactile and sensory walkways, seperate leisure spaces, hot breakfasts and travel escorts.

“We allege that Bupa failed to provide or fully provide various extra services promised in residential agreements, but charged for them anyway,” ACCC chair Rod Sims said.

“In some cases the alleged misleading representations related to services that were significant to the quality of life of elderly residents. The promised services were likely also what attracted many residents and their families to choose Bupa.”

Bupa conducted an internal investigation and is offering compensation to affected residents. Residents and their families are encouraged to review the information on Bupa’s compensation program which can be found on Bupa’s website.

The ACCC is seeking injunctions, declarations, pecuniary penalties and other orders.

The ACCC commenced its investigation after Bupa notified it of the conduct. Bupa has not admitted the conduct contravenes the ACL.

Here is the full list of the 21 affected aged care centres

1. Bankstown, NSW

2. Banora Point, NSW

3. Berry, NSW

4. Dural, NSW

5. Mosman, NSW

6. Queens Park, NSW

7. Sutherland, NSW

8. Tamworth, NSW

9. Roseville, NSW

10. Willoughby, NSW

11. Berwick, VIC

12. Bonbeach, VIC

13. Caulfield, VIC

14. Coburg, VIC

15. Croydon, VIC

16. Donvale, VIC

17. Greensborough, VIC

18. Glenvale, QLD

19. New Farm, QLD

20. South Hobart, TAS

21. Baulkham Hills, NSW

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