Home care packages

All home care packages funded by the Australian Government are now provided directly to consumers instead of being allocated to a provider. This funding model—known as Consumer Directed Care—allows consumers more flexibility and the right to choose and change home care providers.

When you buy goods or services, including the use of funding from home care packages, you have consumer rights under the Australian Consumer Law (ACL). These rights are the same whether you buy home care goods or services directly or receive them under a government-funded home care package.

You also have rights and responsibilities under the Australian Government’s aged care laws. Under these laws you have the 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 into making a decision
• receive honest and accurate information
• have services delivered on time and with care
• receive goods that are of acceptable quality (safe and durable).

Choosing your provider

Before signing up for home care:

• research different providers to find the best care for you
• understand the costs involved
• check what services are covered.

You can find a list of providers on the My Aged Care website or by phoning My Aged Care on 1800 200 422.

Door-to-door and telephone selling

Home care packages should not normally be sold by a door-to-door salesperson or over the phone. However, if a provider approaches you unexpectedly, it is important to know your rights.

Door-to-door sellers must obey clear rules around:

• the hours they can visit you
• disclosure (what they need to say)
• written agreements
• cooling off periods.

Never sign anything on the spot. It is against the law for a business or provider to pressure you into a decision.

Door-to-door salespeople must leave if you ask them to and must not approach any home that displays a do-not-knock sticker.

Order a free do-not-knock sticker.

Read more about door-to-door and telephone selling.

Understand your agreement

Your home care agreement is a contract that sets out the terms of your service. Make sure your agreement outlines:

• who is providing your service
• how much the services will cost, including exit payments
• how to change your aged care needs if your circumstances change
• the process to end an agreement or transfer to a new provider.

Never sign anything you don’t understand. You can get help from an advocate, legal adviser or a family member.

Unfair terms in standard form contracts

If the contracts being used to provide home care services are standard form contracts, the ACL prohibits them including unfair terms.

A standard form contract or agreement should be a balance of rights and obligations on you and the provider. A standard form contract is ‘unfair’ if it gives more rights to a provider than you, and is not necessary to protect the provider.

Read more about signing contracts.

If you feel there is a term in your contract that is ‘unfair’, speak to your provider. If you can’t resolve the issue with them, you can lodge a complaint with us.

Consumer guarantees

Sometimes there may be a problem with goods or services you have received.

Services must be:

• provided with due care and skill
• fit for a specific purpose
• finished within a reasonable time.

When you purchase goods or services in Australia, you have automatic rights called consumer guarantees.

If these guarantees are not met, you have the right to ask the provider to fix the problem, which may include a refund or cancellation.

Read more about consumer guarantees for products and services.

More information and support

• If you have any concerns about your or someone else’s aged care services or treatment visit the Aged Care Quality and Safety Commission website or call 1800 951 822.
• For information about aged care homes or to find a provider visit the My Aged Care website or call 1800 200 422.
• For more information about home care services and your consumer rights when you buy home care goods and services visit the Australian Competition and Consumer Commission website (ACCC).
• The ACCC’s Scamwatch website provides information on common scams and how to recognise and report them.