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AGED CARE ACT 1997 - SECT 59.1

Requirements for resident agreements

             (1)  A * resident agreement entered into between a care recipient and an approved provider must specify:

                     (a)  the residential care service in which the approved provider will provide care to the care recipient; and

                     (b)  the care and services that the approved provider has the capacity to provide to the care recipient while the care recipient is being provided with care through the residential care service; and

                     (c)  the policies and practices that the approved provider will follow in setting the fees that the care recipient will be liable to pay to the approved provider for the provision of the care and services; and

                     (d)  if the care recipient is not to * enter the residential care service on a permanent basis--the period for which the care and services will be provided, and (if applicable) any * respite care booking fee; and

                     (e)  the circumstances in which the care recipient may be asked to depart from the residential care service; and

                      (f)  the assistance that the approved provider will provide to the care recipient to obtain alternative accommodation if the care recipient is asked to depart from the residential care service; and

                     (g)  the complaints resolution mechanism that the approved provider will use to address complaints made by or on behalf of the care recipient; and

                     (h)  the care recipient's responsibilities as a resident in the residential care service.

             (2)  In addition, a * resident agreement must comply with any requirements specified in the User Rights Principles relating to:

                     (a)  the way in which, and the process by which, the agreement is to be entered into; or

                     (b)  the period within which the agreement is to be entered into; or

                     (c)  any provisions that the agreement must contain; or

                     (d)  any other matters with which the agreement must deal.

             (3)  A * resident agreement must not contain any provision that would have the effect of the care recipient being treated less favourably in relation to any matter than the care recipient would otherwise be treated, under any law of the Commonwealth, in relation to that matter.

Note:          A * resident agreement can incorporate the terms of an * extra service agreement (see paragraph 36-1(1)(b), and an accommodation agreement (see section 52F-6).



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