Last updated 31 October 2022
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 been receiving care under a specialist dementia-care agreement and a clinical advisory committee, constituted in accordance with the agreement, has determined that the care recipient is not suitable to continue receiving that care
- 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 (s 7(2) User Rights Principles), 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 resident has been receiving care under a specialist dementia care agreement and a clinical advisory committee, constituted in accordance with the agreement, has determined that the care recipient is not suitable to continue receiving that care
- 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.