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The Aged Care Quality and Safety Commission received 199 complaints about fees in the first half of 2026 and launched probes into several operators. One family secured nearly $37,000 in refunds after a dementia resident was charged for unused services.
cdc.govThe Aged Care Quality and Safety Commission received 199 complaints about fees, funds and service charges at residential facilities in the first half of 2026 and opened investigations into several providers for allegedly illegal additional fees. Of those complaints, 121 concerned for-profit providers, 75 involved not-for-profit operators and three related to government facilities.
Commissioner Liz Hefren-Webb said investigations into misuse of fees by several providers are ongoing and that some providers have voluntarily reviewed and altered their practices.
Jeff Gilling examined the contract for his mother Dorothy at Estia Health’s Epping facility in Sydney’s north-west and found a $52 daily fee covering Foxtel, outings, newspapers and wine. Dorothy had advanced dementia and could not use or benefit from the services. Gilling was told the fee was not optional and signed the contract.
After researching aged care legislation, Gilling obtained a refund of $26,741 in February 2021 for 537 days of charges while his mother was in a dementia support unit. He received a further $10,088 in October 2021, bringing the total to almost $37,000.
Legislation permits providers to charge for additional services only when a resident agrees, can access and benefit from them, and has capacity to use them.
Gilling emailed Estia Health managers in 2019 stating the fee was unconscionable and unlawful for a resident with dementia. The for-profit provider Arcare faces a class action alleging it charged residents for high teas, hot meals and exercise classes they could not use because of health issues and for basic services it is legally required to supply.
An Arcare spokesperson said the firm would not comment while the matter is before the court.
Damian Scattini of Quinn Emanuel Urquhart & Sullivan, acting for the class action applicants, said the firm is actively investigating other aged care operators. The federal government introduced the Higher Everyday Living Fee in November to allow charges for premium services above the mandatory standard of care.
Hefren-Webb said the commission is concerned some providers have reduced standards of basic services to encourage purchase of the premium options.
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