Elder
8. Residential Facilities
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Jul 2015
- The Australian government’s Residential Aged Care Program was created through the Aged Care Act 1997 (Cth). This program regulates residential aged care providers particularly in respect to the quality of the care provided, the rights of the residents and accountability for the care that is provided.
- The Australian government covers most of the costs associated with aged care but residents are required to contribute to certain fees. If you are thinking about moving into an aged care facility you should speak to Department of Human Services or the Department of Veteran’s Affairs for an assessment of potential costs.
- You may also need to arrange for an assessment with an Aged Care Assessment Team (ACAT). The assessment is conducted by a doctor or a health care professional who assesses and explains what services and care facilities may be appropriate to suit your individual needs.
- Aged care facilities are divided into low level care and high level care categories. Different requirements apply to each of these categories.
- High-level care facilities are residences such as nursing homes that provide care for older people who require ongoing professional nursing and health care.
- Nursing care is suitable for those people who require regular medical assistance or routine health monitoring.
- Personal care facilities for residents are also provided. This may include washing, cleaning and cooking if necessary.
- Low-level care facilities are residences such as hostels that cater for people who need some assistance with personal care but do not need nursing care.
- Low-level care facilities encourage independent living and are not suitable for people who are dependent on others for everyday care and support.
- Retirement villages are regulated under state and territory law. A retirement village is a residential complex usually exclusively occupied by people aged 55 and over. Some retirement villages offer luxury lifestyles, social activities and access to amenities.
- Living in a retirement village is a lifestyle choice and comes with a major financial commitment.
- A person’s right to occupy a unit in a retirement village can be under either:
- strata title;
- community title;
- company title;
- leasehold title; or
- a licence.
- In NSW a majority of the retirement village units are occupied under a long-term leasehold agreement.
- Most retirement villages also require residents to pay ongoing fees to manage its day-to-day functions. Some retirement villages also charge an exit fee when a resident leaves the unit.
- It is therefore imperative that a person considering ‘purchasing’ into a retirement village understands the legal and financial implications of their decision.
- This generally requires consultation with an accountant and a lawyer.
- Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
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