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.