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 assessor makes a decision that 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:
- accommodation payment — applies to residents entering care after 1 July 2014
- accommodation bond — applies to residents who entered care before 1 July 2014.
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.