Learn about your rights regarding leaving an aged care home in Australia, including valid reasons for departure, notice requirements, and protections.
Key areas covered:
- Under what circumstances can I be asked to leave an aged care home?
- What notice must I be given if I’m asked to leave?
- What protections do I have if I’m asked to leave?
Under what circumstances can I be asked to leave an aged care home?
A registered provider can only ask you to leave an aged care home in specific circumstances, such as when the home is closing, if you no longer need the funded aged care services, or if your behavior poses a serious risk of injury to staff or other residents. However, the provider must ensure suitable alternative accommodation is available that meets your needs and is affordable before asking you to leave.
What notice must I be given if I’m asked to leave?
The aged care provider must give you a written notice at least 14 days before your departure date. This notice must include the decision, reasons for asking you to leave, the date you’re required to leave, information about your rights (including access to complaints systems and advocates), and a copy of your continuity of care plan.
What protections do I have if I’m asked to leave?
You have several protections under aged care law. The provider must ensure suitable alternative accommodation is available before asking you to leave, detail steps taken to ensure any alternative accommodation meets your needs in a continuity of care plan, and if the decision was based on your behavior but that behavior changes, they must give you a new notice stating you’re no longer required to leave.
