Security of Tenure means that once you move into an Estia Health home, it becomes your home, and you have the right to remain there for as long as you require residential aged care.
Under the Aged Care Act and associated Aged Care Rules, approved providers, such as Estia Health, may only terminate a resident’s placement in very limited circumstances, and must do so in strict accordance with legislative safeguards.
Residents may only be asked to leave in the following situations:
- 1. The home is closing
- 2. Estia Health is no longer able to meet your assessed long-term care needs, despite all reasonable efforts
- 3. You no longer require residential aged care, as independently assessed
- 4. You have failed to pay agreed fees for more than 42 days, and the reason is within your control
- 5. You have intentionally caused serious damage to the home, or injury to staff or another resident
- 6. You have been absent from the home for more than seven days without consent or lawful reason
- 7. You were receiving care under a specialist dementia agreement, and a clinical advisory committee has assessed that this is no longer required
What are Estia Health’s legal obligations?
At Estia Health, we are committed to upholding your security of tenure. We respect your right to regard our home as your home and ensure that any changes to your care are managed with compassionate and respectful support.
Where any of the above circumstances apply, Estia Health cannot terminate your placement unless and until suitable alternative accommodation has been arranged that:
- Meets your assessed long-term care needs
- Is available at the time of termination
- Is provided by another registered aged care provider
Notice and transition support
If a decision is made to end your placement, Estia Health must provide a minimum of 28 days’ written notice and clearly explain:
- The reasons for the termination
- The date by which you must leave
- Your rights, including access to our internal complaints process, external complaints to the Aged Care Quality and Safety Commission, and free advocacy services such as OPAN
We will
- ensure suitable alternative accommodation is available that meets your aged care needs and is affordable before ending a placement and develop a Continuity of Care plan
We are committed to working closely with you, your family, and your nominated representatives to ensure any transition is managed in a safe, respectful and dignified manner.
Should you require an independent advocate please refer to My Aged Care Support and Avocacy Resources to learn more.
Short-term/respite care agreements
A short-term/respite care agreement is intended to be a temporary arrangement and your right to remain in the home ends when the agreed respite period concludes, unless a new agreement for permanent residency is entered into.
Further information can be found at our Security of Tenure Policy.
