Class action launched against Bupa Aged Care over alleged quality of care failure

Bupa Aged Care is at the centre of a new class action issued by Echo Law alleging that between July 1, 2019, and April 11, 2025, Bupa failed to provide the quality of care it promised to residents, and that it was required to deliver under law.

The class action is seeking to recover damages for breach of contract and for breaches of the guarantees owed to consumers under the Australian Consumer Law.

“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 Hello Leaders.

“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”. Echo Law states that the class action is based both on data from Bupa’s own reporting, which confirms systemic understaffing, and personal accounts shared with the law firm over the past 12 months.

“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.

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.

“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.”

Bupa responds to claims

A spokesperson for Bupa has responded to an enquiry made by Hello Leaders on Monday morning, providing the following statement:

“Bupa received a claim from Echo Law just this morning and we are currently taking some time to review the claim,” the spokesperson said.

“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.“

In 2019, Phi Finney McDonald investigated a potential class action against Bupa, alleging the provider was not meeting basic health and safety standards or demonstrating adequate risk management systems and practices. It did not ultimately proceed.

However, after seeing the severity of the Royal Commission findings, Dr Meath believes that should have been a ‘line in the sand moment’ for providers to well and truly provide quality care and not fall short.

“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,” she added

The class action alleges that, by failing to provide staffing levels that would meet minimum acceptable standards, Bupa has:

1. breached the contractual obligations it owes to residents under its Resident Agreements; and
2. contravened consumer guarantees under the Australian Consumer Law by failing to provide services that are fit for purpose and delivered with due care and skill.

Echo Law has been speaking with impacted residents and families over the last year with Dr Meath calling their stories ‘heartbreaking’.  

One of the members of the class is Sarah Laing, 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,” Ms Laing 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.”

Proceedings have been lodged in the Federal Court of Australia. The litigation is supported by Australian litigation funder CASL.

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.