Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:6:p1
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 6 (pt 1/2)
Character Range: 15479–18269

6  Security of tenure—when approved provider may ask or require care recipient to leave residential care service
 (1) For paragraph 56‑1(f) of the Act, this section specifies the security of tenure that an approved provider of a residential care service must provide to a care recipient for the recipient's place in the service.
Note: The circumstances in which a care recipient may be asked to depart from a residential care service must be specified in a resident agreement between the care recipient and the approved provider of the service (see paragraph 59‑1(1)(e) and subsection 59‑1(3) of the Act).

Circumstances in which approved provider may ask care recipient to leave residential care service
 (2) The approved provider may ask the care recipient to leave the residential care service only if:
 (a) the residential care service is closing; or
 (b) the residential care service no longer provides accommodation and care suitable for the care recipient, having regard to the care recipient's long‑term needs as assessed in accordance with subsection (4), and the approved provider has not agreed to provide care of the kind that the care recipient presently needs; or
 (c) the care recipient no longer needs the care provided through the residential care service, as assessed by an aged care assessment team; or
 (ca) the care recipient has been receiving care under a specialist dementia care agreement and a clinical advisory committee constituted in accordance with the agreement has determined that the care recipient is not suitable to continue receiving that care; or
 (d) the care recipient has not paid any agreed fee to the approved provider within 42 days after the day when it is payable, for a reason within the care recipient's control; or
 (e) the care recipient has intentionally caused:
 (i) serious damage to the residential care service; or
 (ii) serious injury to staff of the approved provider, or to another care recipient; or
 (f) the care recipient is away from the residential care service for a continuous period of at least 7 days for a reason other than:
 (i) a reason permitted by the Act; or
 (ii) an emergency.

Suitable accommodation to be available before care recipient can be required to leave residential care service
 (3) The approved provider must not take action to make the care recipient leave the residential care service, or imply that the care recipient must leave the service, before suitable alternative accommodation is available that:
 (a) meets the care recipient's long‑term needs as assessed in accordance with subsection (4); and
 (b) is affordable by the care recipient.

Assessing the care recipient's long‑term needs
 (4) For paragraphs (2)(b) and (3)(a), the long‑term needs of the care recipient must be assessed by:
 (a) an