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AGED CARE ACT 1997 - SECT 61.1

Requirements for home care agreements

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

                     (a)  the home care service through which the approved provider will provide care to the care recipient; and

                     (b)  the levels of 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 home 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 be provided with the home care service on a permanent basis--the period for which the care and services will be provided; and

                     (e)  the circumstances in which provision of the home care may be suspended or terminated by either party, and the amounts that the care recipient will be liable to pay to the approved provider for any period of suspension; and

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

                     (g)  the care recipient's responsibilities as a recipient of the home care.

             (2)  In addition, a * home care 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 * home care 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.



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