When a loved one enters residential aged care, it’s natural to feel a mix of emotions – relief that support is available but also concern about their rights and long-term stability in their new home. One of the most common questions families and residents ask is: “Can they make me leave?”
The answer lies in a key principle established in aged care law known as ‘security of tenure’. Let’s explore what this means and why residents and their families can feel reassured.
What is Security of Tenure?
Security of tenure refers to a resident’s legal right to remain in their aged care home – with protections against being asked to leave without reason or following a process. It ensures that once a person has moved into residential aged care, they can consider it their home for as long as they need it, provided certain conditions are met.
It is however important to note that there are exceptions to security of tenure. That is, there are circumstances where a resident can be asked to leave the service. These are explained below.
Legal Protections Under Australian Law
Security of tenure in aged care is protected under the Aged Care Act 1997 (Cth) (and the new Aged Care Act coming into effect July 1, 2025) and the accompanying Quality of Care Principles 2014. These laws apply to all aged care homes that are government-funded.
According to Section 56-1 of the Aged Care Act, providers must give residents a written agreement (commonly called a Resident Agreement) outlining their rights and responsibilities, including those related to security of tenure.
Under the Quality of Care Principles 2014, a permanent resident cannot be asked to leave unless one of the following six specific conditions is met:
- the service is closing
- the accommodation and care we provide no longer suit the resident’s assessed long-term needs
- an aged care assessor makes a decision that the resident doesn’t need our care any more
- the resident was receiving care under a specialist dementia care agreement, which a clinical advisory committee has determined they no longer need
- the resident hasn’t paid their agreed fees for 42 days since they were due, for a reason within the resident’s control
- the resident intentionally caused serious damage to the service, or injury to staff or another resident
- the resident was absent from the service for 7 days or more for reasons not permitted.
Even if one of these criteria is met, the provider must:
- Give written notice, including the reason for the decision.
- Allow a reasonable notice period (generally 14 days).
- Assist in finding suitable alternative accommodation.
In the case of a resident residing under a respite agreement, the nature of a respite agreement is temporary. Therefore, security of tenure would not apply to a respite agreement once it has reached its agreed end date.
In Summary
Security of tenure in Australian residential aged care provides robust legal and practical protections that ensure residents are not asked to leave without reason and due process. The system is designed to support continuity, dignity, and peace of mind.
If you or a loved one is living in residential aged care, rest assured—you are protected by law, respected in your rights, and supported to live with confidence and comfort.
Need Help or Have Questions?
- Aged Care Quality and Safety Commission: 1800 951 822
- Older Persons Advocacy Network (OPAN): 1800 700 600
- My Aged Care: www.myagedcare.gov.au
