Last updated 14 December 2016
A provider can ask a resident to leave only if (s 6(2) User Rights Principles 2014 (Cth) (User Rights Principles)):
- the facility is closing
- they can no longer provide the accommodation and care suitable for the resident
- the resident no longer needs the care being provided
- the resident has not paid an agreed fee within 42 days after the due date
- the resident has intentionally caused serious damage to the facility or serious injury to an employee or another resident
- the resident is away from the facility for a continuous period of at least seven days other than for a permitted reason (as set out in the Aged Care Act 1997 (Cth)).
The provider has to give notice in writing if a resident is required to leave the facility (s 7 User Rights Principles). The notice must be given at least 14 days before the resident is required to leave, and it must also contain the following information:
- the decision to require the resident to leave
- the reasons for the decision
- when the resident is required to leave
- the resident’s rights about leaving, including the right of access to the complaints resolution mechanisms, independent complaints processes and an advocacy service.
Importantly, a provider must not take any action to make the resident leave before suitable, affordable, alternative accommodation is available that meets the resident’s long-term care needs (s 6(3) User Rights Principles).
Security of a bed in the facility
A resident may be moved to another bed or room within the facility only if (s 10 User Rights Principles):
- the move is at the resident’s request
- the resident agrees to the move after being fully consulted and without any pressure
- the move is necessary on genuine medical grounds as assessed by an aged care assessment team or at least two medical or other health professionals
- the place becomes an extra service place and the resident elects not to pay the extra service fee
- the move is necessary because of the need to carry out repairs or improvements to the facility.