The recent coverage around the Australian Competition and Consumer Commission (ACCC) filing in the Federal Court against Bupa marks a first in the regulation of aged care providers. The ACCC claim that Bupa has contravened the Australian Consumer Law (ACL) by listing extra services in its resident agreements that it did not ultimately provide.
While the case relates to extra services, many providers may be anxious that it will impact the regulation of additional services. We’ve set out some information around the key questions providers may have below.
Will extra services and additional services be considered together?
Despite the historical similarity between extra services and additional services, there are key differences between the two regimes. However, additional services were brought in to replace extra services in 2015 and as such, the two are connected. It is our view that while there is the potential that the Federal Court will consider all services provided for an extra charge together, this case really relates to whether or not what was promised was delivered.