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Aged Care: Rights, Not Rules

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In this session, I question the Aged Care Safety & Quality Commissioner on why some Commonwealth-funded aged-care facilities are banning family visitors without a legal or public health mandate. Many constituents are raising this issue, and I wanted to find out what was the lawful basis for these “operational discretions.”

I was pleased to get a direct admission from Ms. Metz that there is no legal basis under the Aged Care Act for a provider to unilaterally ban a visitor. In fact, the Act explicitly protects the resident’s right to have visitors.

The ACQSC confirmed that they view an unjustified visitor ban as a serious breach of residents’ rights.

I questioned why funding continues to flow to these providers while they are under investigation for unlawful bans. Ms. Hefren-Webb clarified that while they don’t control the “funding lever” (which sits with the Department), they do have the authority to pursue civil penalties and compliance notices.

It was concerning to hear from Mr. Day that the Department hasn’t issued explicit guidance to providers telling them they can’t use visitor bans as a lazy substitute for proper staff discipline or complaints management.

The Commission could not provide immediate data on visitor ban complaints or subsequent enforcement actions, and took these questions on notice.

We must ensure that our elderly are not isolated from their loved ones just because a provider finds a family member “difficult.”

– Senate Estimates | February 2026

Transcript

Ms Hefren-Webb: Hi, Senator.  

Senator ROBERTS: I think my questions are fairly straightforward, so we should be able to move through them pretty quickly. On what lawful basis does the ACQSC permit Commonwealth funded aged-care facilities to impose visitor bans where there is no public health order, no tribunal decision or no resident request?  

Ms Hefren-Webb: Can you just repeat that last bit of your question? Where do we allow them to impose visitor bans where there is no—  

Senator ROBERTS: No public health order, no tribunal decision or no resident request.  

Ms Hefren-Webb: I’ll have to take that question on notice. I think. Is there a specific circumstance you’re referring to?  

Senator ROBERTS: No—I don’t want to bring it up now but constituents are asking us. Does the ACQSC accept that a provider may unilaterally ban a family member as a matter of operational discretion? If so, where is that power derived from in law or regulation?  

Ms Hefren-Webb: I might ask Ms Metz to come forward who heads up our Sector Capability and Regulatory Strategy area. I am aware that there are cases where family members are alleged to have caused issues or disruption, and that’s been the subject of the service, maybe, seeking that they don’t attend, but I’m not aware of a ban per se. I’ll just see if Ms Metz has anything to contribute.  

Senator ROBERTS: What I’d like to know is where their power is derived from in law and legislation. 

Mr Metz: Under the Aged Care Act, residents have a right to visitors and people who are important to them. There’s no legal basis under the Aged Care Act for a visitor to be banned. In fact, it’s the opposite, that people have the right to have visitors. We often, through our complaints process, will work through some of those difficult issues that Ms Hefren-Webb mentioned, where providers have difficult situations with certain family members. We do work through those, with both the providers and the families, to resolve those issues.  

Senator ROBERTS: How many complaints has ACQSC received, since 1 January, relating to family or visitor bans in residential aged-care facilities?  

Ms Hefren-Webb: We would have to take that on notice.  

Senator ROBERTS: That’s fine. Of those complaints, how many resulted in enforcement action, compliance notices or findings of noncompliance with the aged-care quality standards?  

Ms Hefren-Webb: Again, we’ll have to take that one on notice.  

Senator ROBERTS: I can understand that. Does ACQSC consider the imposition of an unjustified visitor ban to be a serious breach of residents’ rights and if not, why not? I think you’ve already answered that.  

Ms Hefren-Webb: Yes, we would consider it to be a serious breach of rights.  

Senator ROBERTS: Is Commonwealth funding continued to providers while they are subject to unresolved complaints regarding unlawful visitor bans?  

Ms Hefren-Webb: We have complaints that cover a wide range of matters. Our focus is on working with the provider and the complainant and their family and carers to resolve those matters as quickly as possible, to make necessary restoration, if needed, to undertake mediation or other activities. We have no responsibility for the funding of the facilities. That’s the department. Our enforcement activities go to things like enforceable undertaking, civil penalties et cetera. There’s no direct link between if we consider that a provider has failed to respect someone’s rights and a funding lever. We would be taking action through other means.  

Senator ROBERTS: You have the authority to do that.  

Ms Hefren-Webb: Yes.  

Senator ROBERTS: Has the department of health issued any guidance to providers clarifying that visitor bans cannot be used as a substitute for proper complaints management or staff discipline processes?  

Ms Hefren-Webb: I’m not aware whether or not there’s been direct guidance on that matter. We can follow that up for you though.  

Mr Day: We haven’t provided explicit guidance on that specific issue. We have provided guidance on the impact of the statements of rights that came into effect with the new act, including, as Ms Metz indicated, the right to have access to individuals that are important to an aged-care resident.  

Senator ROBERTS: This is my last question, Chair. In the context of the new Aged Care Act and rights based reforms, what steps are being taken to ensure residents are not isolated from family due to provider convenience, disputes or risk aversion?  

Ms Hefren-Webb: We have a number of mechanisms by which we are assessing the extent to which providers are respecting the rights of residents. Obviously, complaints are one source of information that we can follow up on. We also receive reports—  

Senator ROBERTS: Those are complaints direct to you?  

Ms Hefren-Webb: Yes, that’s correct, as well as serious incident reports that come through to us. We also, as I mentioned before, undertake audits of all residential care facilities every three years. In that, we will be interviewing a number of residents, family members and staff to make sure that residents’ rights are being upheld and respected. We also receive anonymous complaints, tip-offs and whistleblowing. So there are a range of ways that those matters can come to our attention. If we were made aware that someone’s right to have family or friends or loved ones visit them was being impeded, we would take that extremely seriously.  

Senator ROBERTS: Where do you have offices around the country? If someone in Central Queensland made a complaint, how would you address it? Through the phone?  

Ms Hefren-Webb: Initially, we do address matters over the phone. But, if the matter raises significant safety concerns for us, we will send a team, and we can do an unannounced visit of a facility. We have staff who are trained to go and assess what’s happening, find out, investigate. Our staff are based in all the capitals around Australia. In that case, if it were Central Queensland, we’d send a team probably from our Brisbane based staff. 

Senator ROBERTS: Chair, I want to put on the record that I rushed my questions because of another deadline, but I want to acknowledge the three respondents. They’ve been very prompt and concise with their answers. Thank you very much.  

CHAIR: Thank you, Senator Roberts, for using your eight minutes very efficiently for us. That’s very generous of you today.  

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When Care Turns Into Exploitation

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I spoke with Ms. Liz Hefren-Webb and raised the issue of overcharging by service providers, which is depleting the limited funds available through Aged Care packages.

I highlighted the case of David and Sandra Smith, whose package was debited $3,000 for a small, incomplete gardening job. As a result, they were unable to access certain medical services because they could not afford them. Their complaints to the Commission fell on deaf ears; the Commission provided no explanation for its decision and refused to discuss the matter with the Smiths.

I also raised the case of Mr. Garry Bayliss, who had $14,000 taken from his My Aged Care account simply to replace some timber railings on a fence. Again, the Commission failed to take any action to remedy the situation.

Ms. Hefren-Webb suggested sending the details to the Agency for re-examination. I also raised concerns about the proposed introduction of co-payments into Aged Care packages, which will reduce the actual services provided. Many recipients cannot afford these additional costs, with some services charged at rates of $100 per hour or more. I stated that these shortcomings do not constitute quality care and amount to institutional elder abuse.

– Senate Estimates | December 2025

Transcript

Senator ROBERTS: Thank you for appearing today. Since the introduction of personalised aged-care packages, there has been an abject failure, it seems, of monitoring how funds allocated are actually spent. This is
one of the major failings of the administration of the NDIS that may well bankrupt Australia and be responsible for the death of vulnerable Australians. My question is specifically about the case of David and Sandra Smith. Under their package, they are entitled to some assistance in minor property maintenance. They needed some minor trimming of half a tree and a few branches of another on the property. That was not even completed. They found that $3,000 had been taken out of their package and given to the contractor without discussion between the Smiths and the service administrator of the package. Having raised the issue as a complaint, the Smiths have been ignored. Because of the depleted funds, the Smiths had to cancel some medical appointments they could no longer afford. This issue is gravely affecting their health at an age when they can ill afford such events. The Aged Care Quality and Safety Commission closed off their complaint and refused to even discuss it with the Smiths. They refused to even discuss it, and no explanation was given. To me, this seems like elder abuse by a government agency that is supposed to help older Australians, not abuse them. What is the cover-up, and why was $3,000 paid for next to no work?

Mr Comley: I think the commissioner will provide a response, noting, of course, that it’s difficult for us to talk about individuals in this forum. I will ask Ms Hefren-Webb to comment.

Ms Hefren-Webb: Obviously, I can’t comment on any individual case, and I don’t have any knowledge of the case you’re talking about. We receive around 10,000 complaints a year. Each of them is triaged and assessed, and we do provide a comprehensive response to people. I am not aware that we would ever refuse to provide a response, so I would be very happy to follow up the case you’re talking about.

Senator ROBERTS: So we can put you in touch with them?

Ms Hefren-Webb: That would be great. I’d be very happy to get in touch.

Senator ROBERTS: It does raise issues of accountability, the level of care and the attitude in the department.

Ms Hefren-Webb: It sounds like it’s an issue of pricing that they’re concerned about.

Senator ROBERTS: It might actually be fraud as well.

Ms Hefren-Webb: Potentially. I think the third-most-common complaint we receive around home care is about pricing of services. We do investigate those complaints and we do follow up to see what has driven the
particular pricing. You weren’t here earlier when I said we will compare providers and, if another provider is offering the same service for a lot less, we will ask the provider to explain how they arrived at that price.

Senator ROBERTS: Do you normally get quotes?

Ms Hefren-Webb: We don’t get quotes; we ask the provider how they have come up with their quote.

Senator ROBERTS: So you do not insist on a second quote, but you ask them the source of their quote?

Ms Hefren-Webb: It’s the provider who is managing the package. If there’s a price that the consumer feels is excessive, we will investigate how that’s come about. That’s our role. If we suspect that there is a fraudulent
aspect, we will obviously refer that through to the department, because they’re responsible for fraud and assurance and we’re responsible for compliance with the standards.

Senator ROBERTS: Okay. We will send the contact details.

Ms Hefren-Webb: That would be great.

Senator ROBERTS: Could you check on notice if you have dealt with this or if Aged Care have dealt with this? We would like to know what happened.

Ms Hefren-Webb: Will do.

Senator ROBERTS: This disgrace has badly affected the health of two innocent senior citizens who deserve an answer and money put back into their package. Is that what happens when something is found to be incorrect, wrong or unfair?

Ms Hefren-Webb: I think the department has responsibility for dealing with fraud and how that is dealt with in terms of the individual’s package.

Senator ROBERTS: If there’s something wrong specifically, is the money given back to the aged person?

Ms Snow: I think there would be a range of options. If it’s okay, it might be best to work with the commission really closely to have a look at the case, have a look at what’s been undertaken to date and come back to you.

Senator ROBERTS: Okay. Thank you. I see the caveat, but, if appropriate, can money be put back into their account?

Ms Snow: Yes.

Senator ROBERTS: Thank you. Then there is the case of Mr Gary Bayliss, who had $14,449 taken from his My Aged Care account to replace some worn-out timber rails from a fence. Again the commission failed to take action to remedy the fraud. Now the minister has announced that the concept of co-payments is to be instituted into the aged-care packages. That will mean the cancellation of many services needed by package holders, because they will become unaffordable. Minister, the proposal is that many services will need to be paid for at a rate of least $100 per hour, often at more than twice the market labour rate. An age pensioner cannot afford this. From the absurd to the impossible, this is not care, as I said earlier. It’s abuse. Minister, what can you do to fix this?

Senator McCarthy: Thank you for your questions and the concerns that you’re raising on behalf of your constituents. Clearly, there are many stories there that you’re hearing that really hit at the heart of how people are
feeling in terms of their own care. I will take your questions on notice if that’s okay and get back to you with regard to that particular question.

Senator ROBERTS: Please also take on notice the bigger picture of what can be done.

Senator McCarthy: Sure.

Senator ROBERTS: Commissioner, could you take on the case of Mr Gary Bayliss?

Ms Hefren-Webb: Yes, absolutely.

Senator ROBERTS: Thank you. We’ll be in touch.

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Major parties team up to vote down Aged Care Amendment

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Last night the major parties teamed up to vote down my amendment to the Royal Commission Response Bill which would have ensured at least one registered nurse is on duty at an aged care facility 24/7 by February instead of July.

The entire crossbench voted for my amendment including the Greens, the Jacquie Lambie network and David Pocock. Why the major parties would team up to vote down good legislation, caring for our aged should be a concern for Australians. My amendment is available here and the record of who voted for and against is available here.

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One Nation and Pensioners on the Cashless Debit Card – Misinformation

Misinformation has been spreading that One Nation, Pauline Hanson and Malcolm Roberts support putting pensioners on the cashless debit card. This is categorically untrue. My position on this is very clear in the HANSARD.

During debate on the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020 an amendment was moved which stated:

At the end of the motion, add “, but the Senate calls on the Government to provide a commitment that no recipient of the Age Pension or a Veteran or Service Pension will be placed on the Cashless Debit Card, with the exception of those who volunteer or are referred by the Family Responsibility Commission, child protection workers, social workers or the Alcohol Mandatory Treatment Tribunal in the Northern Territory”.

Senate HANSARD, 9 December 2020

I voted YES for this amendment protecting pensioners and veterans which is shown in the official HANSARD division (voting) data, as did the Government, indicating that this commitment was accepted by them.

Senate HANSARD, 9 December 2020

With a Federal Election approaching some disingenuous actors are trying to stir up fear based on lies about One Nation. Pensions are not welfare like JobSeeker (formerly the dole) payments are.

I do not support pensioners being put on the Cashless Debit Card. My voting record on this issue couldn’t be more clear. This scare campaign against pensioners appears to have been led by Labor and activist groups aligned with them. Early in 2022, QLD State Labor MP Brittany Lauga had to apologise for misleading Parliament when she said there was a plan to put all aged pensioners on the Cashless Debit Card.

One Nation supports a raise in the Aged Pension. While the major parties will continue to play politics with the Aged Pension only One Nation can be trusted to stick to its word.

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RBA props up banks with $100 Billion

The Reserve Bank of Australia has just given $100 billion to prop up the banks but why is the government ignoring spending that would increase our productive capacity like road, coal power stations and dams?

Transcript

[Marcus Paul] All right, the RBA this week cut the interest rate down to you know, virtually nothing. 0.1% interest rates. So I mean, it’ll help people buy or stay in their homes, but there is a cost of course, self-funded retirees as we’ve talked about on the programme, who rely on investment income, and seeing their returns fall to basically nothing.

[Malcolm Roberts] That’s right. And then so, these people providing for their so-called own retirement is just hot air, because the legs had been cut out from under them now. We’re now at the point where retirees are having to spend their capital, because the return on their nest egg is almost non-existent and heading negative. And what’s disturbing is that, you know, this is going to create a lot of pressure for people at a time when people don’t need it. And by printing another a hundred billion, and giving it to the banks, they’re going to prop up the banks to do more mortgage lending. This government, the state and federal are completely ignoring the need to invest in productive capacity. We need to invest in power stations, dams, roads, ports bridges. The Iron Boomerang Scheme, the Bradfield Scheme. These and many other prime investments, opportunities in our country

[Marcus Paul] Yeah.

[Malcolm Roberts] Are being neglected. And we need to get into building the productive capacity of our country.

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