Exiting residents from residential aged care

A resident can exit an aged care home at any time. There are also instances when you can ask them to leave. You may need to refund some fees when a resident exits.

When to exit residents

Residents can choose to leave or move to another service at any time.

Reasons for asking a resident to leave your service must be made clear in the resident agreement. We call this security of tenure.

Security of tenure

You can ask a resident to leave your service when:

  • the service is closing
  • the accommodation and care you provide no longer suit the resident’s assessed long-term needs
  • an Aged Care Assessment Team (ACAT) decides the resident doesn’t need your care any more
  • the resident was receiving care under a specialist dementia care agreement, which a clinical advisory committee has determined they no longer need
  • the resident hasn’t paid their agreed fees for 42 days since they were due, for a reason within the resident’s control
  • the resident intentionally caused serious damage to the service, or injury to staff or another resident
  • the resident was absent from the service for 7 days or more for reasons not permitted

Residents in financial hardship can apply for help if they need it. You can also apply for financial hardship assistance on their behalf. Financial hardship assistance can help to pay the basic daily fee, the means-tested care fee and daily accommodation payments.

How to exit residents

Before asking or implying that a resident leaves your service, you must find suitable accommodation that:

  • meets the resident’s assessed long-term needs
  • is affordable to the resident

If you decide to ask a resident to leave, you must give the resident at least 14 days’ notice. The notice must:

  • set out your decision
  • include the reasons for your decision
  • say when the resident is to leave
  • detail the resident’s rights

If they made a lump sum payment, you must refund the balance of the resident’s:

Once a resident leaves, you must notify Services Australia.

Supporting legislation

All rights and responsibilities for exiting residents are in Division 2 of the User Rights Principles 2014.

Last updated: 
3 July 2020

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