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Cameras in aged care bedrooms: providers warned of legal issues

Aged care providers should be aware of the legal implications of families installing surveillance devices in residents’ bedrooms without permission.

That’s according to aged care paralegal Sophie Andritsos, who is researching the area as part of her Monash University law degree honours thesis.

The use of surveillance devices – particularly streaming and video recording devices – is increasing in residential aged care.

Sophie Andritsos

Many families are installing devices in the bedrooms of relatives who have dementia or other cognitive impairment because of safety concerns around falls or even abuse.

But Ms Andritsos argues these families may not have a legal right to do so.

“We have a tendency to infantalise older people and this is shaping how we approach surveillance devices in care,” Ms Andritsos told Australian Ageing Agenda.

“There are social and policy issues tied up in this, but providers and appointed decision-makers should also be aware of the legal limits and implications of the actions they are taking.”

Ms Andritsos’s research aimed to find out how the law treated the use of surveillance cameras in aged care and the best practice process for providers.

She explored the issue under the different state surveillance, health records and decision-making legislation, federal privacy and aged care law as well as potential tort law that may apply.

Ms Andritsos also considered the right of aged care residents to privacy and dignity in a homelike environment, and the obligation of the aged care provider to protect this right.

Consent should be obtained

The findings, which she will present at next week’s National Elder Abuse Conference, suggest that decision-makers may not be empowered to consent to the use of  camera’s in a resident’s room.

This also has implications for aged care providers, she said.

“The key takeaway is that it isn’t clear that the decision making powers that can be granted under a Guardianship Order, Power of Attorney or Advance Health Directive provide for you to film someone in their bedroom,” Ms Andritsos said.

“Filming someone in their bedroom is something you should obtain consent to do. The ability to consent to this kind of arrangement on behalf of a protected person isn’t necessarily what is granted under a standard guardianship order.”

She said residential aged care providers should take cues and instructions from the resident first.

“Third party decision-makers should only be relied upon as a last resort, and should only be making decisions within their scope of powers.”

The 5th National Elder Abuse Conference takes place on 19-20 February at the Sofitel Sydney Wentworth.

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13 Responses to Cameras in aged care bedrooms: providers warned of legal issues

  1. Windsor Gardener February 14, 2018 at 2:23 pm #

    I might think it is too simple – the providers promote to potential residents that where the resident lives is resident’s home so presumably their bedroom is their private space where they should feel safe. By default families nominated on care plans can install the cameras.

  2. louise murray February 14, 2018 at 5:25 pm #

    I have enduring power of attorney and advance care done for my mother
    also enduring guardian
    can I legally place a camera in my mothers room
    She is in a closed dementia unit, and the organization are not allowing me to

  3. Lissa February 15, 2018 at 6:41 am #

    I think it is potentially a good thing. I’ve worked in aged care for a very long time and can honestly say the majority of care workers (AIN’s, PC’s, RN”s, EEN’s, AH etc etc) are good people with kind intentions and they have nothing to worry about being observed going about their work. Occasionally you get a bad egg though. They’re the ones that need to be weeded out.

    And in even the best facilities I have seen neglect. If it was my parent I would want to know.

  4. Barbara Connor February 15, 2018 at 10:16 am #

    The whole point of having a third party decision maker is that the protected person can no longer make decisions for themselves. How can a facility take cues and instructions from a person with dementia? Guardianship only applies when there is incapacity for decision making. A dementia person will not be believed if they say that something happened to them and with confusion and short term memory loss it is very easy to dismiss what is said. If the person then displays increased anxiety their medication is increased. They are treated like infants and they are not listened to, so if family members have a concern their only redress is to get proof. In my own experience my mother stated that she was pushed, the nurse on duty just smiled at me and nodded. I know my mother and I know her demeanour, she was pushed.

  5. Arola Mitchell February 15, 2018 at 10:32 am #

    My poor mother is now in a Critical condition in hospital due to elder abuse,I wish I had installed a camera

  6. Sarah February 15, 2018 at 2:13 pm #

    What about the staff”s roght to work gree from harassment and abuse from families and residents. Being under constant surveillance is a form of harassment. Cameras are an anuse of the tesident”s privacy. Would you like to be filmed having your botoom washed and changed? Do you want to be filmed having a pee in the toilet? Let’s get real.

  7. Theresa vancapelle February 15, 2018 at 2:56 pm #

    I work in aged care and I think a camera is a good thing as it might let families know what is also happening to staff while caring for residents living with dementia.

  8. Val February 15, 2018 at 4:08 pm #

    It would appear that once a person goes into residential care all their basic human rights and dignity go out the window. Having cameras in residents’ rooms is disgusting. How would you like being filmed in your only meager little bit of space. Shocking!

  9. Bronwyn February 15, 2018 at 4:47 pm #

    I also work in aged care. It is quite common to experience workplace aggression and violence when caring for clients with dementia. We are trained to use passive self-defence techniques to keep you (the carer) and your client/s safe.

  10. Dawn February 16, 2018 at 3:38 pm #

    I have mixed views as i work with the elderly have done for a very long one stated there is always and will continue to be bad eggs.and yes people with dementia are not listened to..ive seen it first hand of abuse and they not do address if family have major concerns i think cameras can be good and the only way to weed them out the bad an AIN and u do wrong you can shift from facilty to as AINS we should be registered so that the bad eggs cant keep hurting our loved ones and the frail..

  11. Kathy February 16, 2018 at 3:59 pm #

    Is it legal for family members to take photos of staff whilst attending to their loved ones in an aged care facility?

  12. Danny February 27, 2018 at 2:16 am #

    Remember this if it becomes law and Nursing homes can install CCTV in residents bedrooms and bathrooms to stop Elder abuse: Many D.O.N.’s have access to CCTV live at their own homes, and that opens a whole new Pandora’s box for Elder Abuse.

  13. Dave March 11, 2018 at 3:08 pm #

    This isn’t about privacy, its about monitoring the care provided to our vulnerable elderly.

    What is everyone afraid of?

    Perhaps they just don’t want you to see unskilled and unsupervised care workers roughly manhandling residents and not washing them properly (or not at all) when they change them, or using the same pair of gloves as they move from room to room, or their incompetent manual handling technique and disgraceful behavior management skills?

    Put the cameras up, open up the dark rooms and show the public exactly how our de-skilled, dumbed-down and short- staffed industry operates.

    It wont be pretty…And many of our award-winning aged care leaders will have some explaining to do. But this might just be the best way to fix the sector and expose it for what it really is…a failed market.

    I can see providers shaking in their boots already…and I can hear the government groaning under the weight of public outrage. Contracting out government responsibilities to private operators and them letting them run wild just doesnt work. We’ve already seen this in the UK, NZ and USA.

    I suspect those who boast the loudest about their care and services will be the first to run and hide

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