Securing Other Types of Shelter 

Syllabus Topic

Option 5: Shelter

Legal protection and remedies associated with securing shelter

• securing other types of shelter such as: aged care, residential parks and squats

Access to shelter in Australia extends beyond traditional housing or rental properties. Different forms of accommodation, such as aged care, residential parks, and squats, are also subject to specific laws and social considerations that determine the level of legal protection available. 

Aged Care 

Aged care facilities provide housing and support for older Australians who can no longer live independently. The Aged Care Act 2024 regulates the rights and responsibilities of residents and care providers. It ensures access to safe, quality care and prohibits discrimination or neglect. The Charter of Aged Care Rights further protects residents’ dignity, autonomy, and right to complain without fear of reprisal. These legal measures aim to secure the wellbeing and housing stability of elderly individuals in care facilities. 

Residential Parks 

Residential parks offer long-term accommodation, often for retirees or individuals seeking affordable housing. The Residential (Land Lease) Communities Act 2013 (NSW) provide legal protection for residents against unfair rent increases and evictions. Residents have the right to written agreements and access to dispute resolution through the NSW Civil and Administrative Tribunal (NCAT). This ensures that people living in residential parks can enjoy secure and fair housing arrangements. 

Squats 

Squats refer to situations where individuals occupy property without the owner’s consent, usually due to homelessness or lack of affordable housing. In Australia, squatting is considered unlawful under property and trespass laws, and squatters can be evicted without legal protection. However, under some circumstances, if a person occupies land continuously and openly for a long period, they may be able to claim ownership under adverse possession laws. Despite this, squatting remains one of the least secure forms of shelter, highlighting ongoing issues with housing affordability and homelessness. 

Conclusion  

Purchasing a home in Australia is not just about finding the right place to live. It is a structured process that balances freedom of choice with legal safeguards. With strong buyer protections in place, the system aims to ensure that property purchases are fair, transparent, and secure.  

SOURCES

Department of Health, Disability and Ageing: Aged Care Act 2024 

Aged Care Quality and Safety Commission: Charter of Aged Care Rights 

NSW legislation: Residential (Land Lease) Communities Act 2013 

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