Russell Kennedy Principal Jonathan Teh and Associate Jamila Shirzad have had an article titled “A sector wake-up call: Unfair contract terms crackdown hits care sector” published in the 2025 Spring edition of Aged Care Today, an Ageing Australia publication.
View a PDF copy of the article here
The article examines the Australian Competition & Consumer Commission’s (ACCC) active enforcement of unfair contract terms within the aged care, disability and broader care sectors. It highlights the recent decision involving Mable Technologies and the significant penalties now applicable for breaches of unfair contract terms under the Australian Consumer Law (ACL).
Key points covered in the article include:
- The ACCC’s stance on contractual fairness and its implications for providers.
- Problematic clauses identified in Mable’s terms of use, such as anti-poaching provisions and unilateral rights to vary fees.
- Lessons for providers, including practical steps to review contracts, improve transparency and educate staff on compliance obligations.
This article serves as a timely reminder for aged care providers to proactively review their agreements and ensure compliance with the ACL to avoid substantial financial and reputational risks.
Need help?
If you have any questions or require advice on compliance with unfair contract terms, please contact Jonathan Teh or Jamila Shirzad.
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