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Recent reforms in aged care now give more choice to consumers who wish to remain in their homes. Since February 2017, all government funded home care packages have been provided to individual consumers rather than allocated to approved providers. This new model of consumer directed care allows older consumers more flexibility and choice in their care arrangements.
If you are assigned a home care package it’s important to compare providers and find the care that’s best for you. So do your research, ask questions, and read testimonials and reviews before entering into any home care agreement.
When you buy goods or services you have rights under the Australian Consumer Law. The same rights apply when buying home care goods and services or receiving them under a government funded home care package. These rights are in addition to the rights and responsibilities that you have under the Aged Care laws.
The Australian Competition and Consumer Commission has produced some guides to help you understand your consumer rights. You can find the guides at www.accc.gov.au/agedcare
As a consumer you have a right to:
- choose your own home care provider
- take your time and ask questions to make sure the agreement is right for you
- not be pressured
- honest and accurate information
- have services delivered on time and with care
- receive goods that are of acceptable quality (safe and durable).
Your Home Care Agreement should set out who is providing your care, how your care will be delivered, how it can be cancelled or changed and the price of your care (including any administrative and exit fees that may apply). The agreement is for your care, and it’s worth taking the time to get it right for you. Get some advice from a family member, trusted advocate or legal advisor if you need to.
Once you have found a provider that you are happy with, check that you understand the agreement and ask about any terms that seem unfair. A term in your agreement may be ‘unfair’ if it gives more rights to the provider than you and is not necessary to protect the provider. An advocate or legal adviser may assist you to identify unfair terms.
Home care providers, like all businesses, must be upfront and honest with you. They should also provide services on time and with an appropriate amount of care. So if you don’t receive what was promised by the provider or they are not providing you with a service that sufficiently meets your agreed needs, you can use your consumer rights to fix the problem.
If something does goes wrong, you have the right to make a complaint. Speak to your provider first, but if you can’t resolve the issue, you can contact the Older Persons Advocacy Network on 1800 700 600 for assistance.
The Australian Competition and Consumer Commission is Australia's competition regulator and national consumer law champion. For more information about consumer rights go to www.accc.gov.au
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