Aged Care Act 2024 (Australia)
Conditions of registration: rights, Code of Conduct, quality and service delivery – Aged Care Act 2024 (Australia)

Aged Care Act 2024 (Australia) 149.f: Section 149(f): security of tenure in approved residential care homes

A provider delivering ongoing residential care must not make a resident leave, or imply they must leave, unless a prescribed ground applies (the home is closing; it can no longer meet assessed needs and has not agreed to deliver them; an approved needs assessor finds the care is no longer needed; a specialist dementia care clinical advisory committee decides; fees unpaid for 42 days for reasons within the resident's control; intentional serious damage to the home or serious injury to a worker or resident; or an absence of at least seven days other than emergency, hospital, hospital transition, extended hospital or social leave), suitable affordable alternative accommodation is available, and at least 14 days' written notice has been given with reasons, rights and a copy of the continuity of care plan (Rules 149-50 to 149-65). Needs for the capability ground are assessed by an approved needs assessor or two competent practitioners, one independent and chosen by the resident. A resident may be moved between rooms only at their request, with genuine agreement free of pressure, on assessed medical grounds, on a dementia committee decision, for repairs with a right to return, or in an emergency (149-70).

Maintained by Gerard Blokdyk

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