1. Our commitment
At Estia Health, your aged care home is your home. We are committed to ensuring that you can remain here for as long as you need our care. Before we can ask you to leave we must follow strict rules and processes set out in the Aged Care Act 2024 (the Act) and the Aged Care Rules 2025 (the Rules). This is called ‘security of tenure’ and these protections are designed to give you peace of mind and make sure that leaving your Estia Health home is considered as a last resort.
2. Your right to stay in your Estia Health home
Security of tenure means you have the right to stay in your Estia Health home unless very limited circumstances apply. These are set out in your Service Agreement and under the Act and Rules.
If any of those situations arise, we must first arrange for your care needs to be assessed. You must take part in this assessment, and the outcome of that assessment will guide what happens next. If moving is unavoidable, you and your representative will always be involved in the discussions, and the reasons will be explained clearly in plain language. We must also develop a written ‘Continuity of Care Plan’ and ensure that suitable, affordable alternative accommodation must be secured before any transfer can take place.
These protections work alongside the Statement of Rights, which ensures that you will be treated with dignity, supported to make your own choices and included in all decisions that affect you. The Statement of Rights is included in your Service Agreement and you can also view it online at Statement of Rights | Aged Care Quality and Safety Commission
3. When could you be asked to leave?
You may only be asked to leave an Estia Health home if:
• The home (or part of the home) is closing.
• We can no longer provide accommodation and care suitable for your long-term assessed needs
• An approved assessor decides you no longer need residential aged care.
• You are receiving specialist dementia care and a clinical panel decides it is no longer suitable.
• You have not paid agreed fees for more than 42 days (and the reason is within your control).
• You intentionally cause serious harm to staff, volunteers, other residents, or the home itself.
• You are away from the home for more than 7 days without approved leave (approved leave includes hospital, emergency or social leave).
4. Voluntary discharge
You always have the right to leave voluntarily (for example, to return home or move to another provider). You can end your Service Agreement by giving us at least 7 days written notice (or a shorter period if we agree) If you choose to leave, we will support you and your family to make the move as smooth and safe as possible.
5. Notice and process
Before any decision is made for you to leave, your care needs will be formally assessed, a Continuity of Care Plan will be developed, and suitable alternative accommodation must be secured that meets your assessed care needs. If after these steps, a decision is made to ask you to leave:
• You will receive at least 14 day’s notice in advance
• The notice will explain the decision, the reasons for the decision, and the date you are expected to leave
• We will continue to provide care until your move is completed
6. Continuity of Care Plan
If you are asked to leave, we will prepare a Continuity of Care Plan with you and your representative that covers:
• Details of the new accommodation (which must be suitable, affordable and formally offered).
• How your care needs will continue to be met.
Help with personal possessions, medication and the move itself.
• Transfer of your clinical and care records to the new provider within 28 days.
• Financial arrangements, including refunds of deposits or prepaid fees in line with the law.
7. Moving rooms within your Estia Health Home
Sometimes a move to a different room within the home may be needed. This may happen if:
• You request it.
• You agree to it after consultation.
• Repairs or improvements are required.
• A genuine medical need arises (assessed by independent practitioners).
• In an emergency situation (for example, fire, outbreak, or safety issue).
We will always consult with you and provide notice, unless it is an emergency.
8. Emergencies
In rare situations, such as a fire, outbreak, or another emergency, your immediate safety and the safety of others will always come first. If you need to be moved temporarily, we will explain what is happening, make sure your care continues without interruption, and wherever possible keep your room available for you to return to once it is safe. Our priority is to protect you while minimising disruption and ensuring you still feel at home.
9. Resident and family involvement
At Estia Health, we believe that residents and their families should be fully involved in all important decisions. Before any decision about your care or accommodation is made, you and your representative will be included in the discussion, and we will explain the situation in clear, plain language. We will also offer case conferences where needed, to make sure your views are heard and your preferences respected.
10. Accessibility and language support
We will make sure you can fully understand your rights and options. This includes providing interpreters where required, offering documents in alternative formats (large print, Easy Read, or translated versions) and ensuring conversations are culturally appropriate and inclusive.
For more information on accessible aged care services and translating services, see Accessible aged care services for Australians | My Aged Care
11. Further information
If you would like more information about your rights, Security of Tenure, or the processes we follow:
• Ask your Residential Aged Care Manager.
• Review your Service Agreement which sets out the legal details about security of tenure
• Read about security of tenure on Manage your aged care home services | MyAgedCare
• You can also contact our National Quality Team:
Email: feedback@estiahealth.com.au
Call: 1300 682 833
Post to: Attn: Quality Estia Health, Level 9, 227 Elizabeth Street, Sydney, NSW 2000
• Contact the Aged Care Quality and Safety Commission on 1800 951 822 or online at www.agedcarequality.gov.au.
Independent advocacy and support
You can also seek free, confidential assistance or support from an independent advocacy service such as the National Aged Care Advocacy Program (NACAP), who provides free, confidential, and independent advocacy support to older Australians and their families. NACAP is delivered by the Older Persons Advocacy Network (OPAN), with locations in each state and territory. To find out more, visit https://opan.org.au/ or call 1800 700 600.
Revision No V2. Last updated 29 September 2025.
