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No. 3/1995 Determinations/Aged Care as amended, taking into account amendments up to Determination No. ADPCA 10F 2/1996
Administered by: Health
General Comments: This Determination was originally made under section 10F of the Aged or Disabled Care Act 1954. Section 10F was repealed by the Aged Care (Consequential Provisions) Act 1997 and the provisions of this Determination are continued in force under section 29 of the Aged Care (Consequential Provisions) Act 1997.
Registered 23 Dec 2009
Start Date 08 Jul 1996

Determination No. ADPCA 10F 3/1995

as amended

made under section 10F of the

This compilation was prepared on 9 November 2009
taking into account amendments up to Determination No. ADPCA 10F 2/1996

[Note: Section 10F of the Aged or Disabled Persons Care Act 1954 was repealed by the Aged Care (Consequential Provisions) Act 1997 (No. 114 of 1997) and the transitional provision (section 29) of the Aged Care (Consequential Provisions) Act 1997 continues this Instrument in force under section 14-5 of the Aged Care Act 1997.]

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


AGED OR DISABLED PERSONS CARE ACT 1954 SECTION 10F

 

GENERAL CONDITIONS

 

PART I: PRELIMINARY

 

1.         Definitions

 

2.         Purpose Clause

 

 

PART II: PROVISION OF FINANCIAL ASSISTANCE

 

3.         Payment of Subsidy

 

4.         Hostel Care Assessment

 

·                      Review of Assessment by the Secretary

·                      Appeal to the Minister in Respect of a Review by the Secretary

·                      Period of Validity

 

5.         Personal Care Assessment and Classification

 

·                      Determination of Personal Care Classification or Assessment

·                      Dates from which Personal Care Subsidy is Payable

·                      Review of an Assessment by the Secretary

·                      Appeal to the Minister in Respect of a Review by the Secretary

·                      Adjustment of Recurrent Subsidy Following a Review or Appeal

 

6.         Access Requirements

 

·                      Financially Disadvantaged Persons

·                      Priority Access

 

7.         Services to be Provided

 

8.         Leave Entitlements

 

9.         Respite Care

 

 

PART III: HOSTEL REQUIREMENTS OF, AND OBLIGATIONS TO, RESIDENTS

 

10.       Resident Rights and Responsibilities

 

·                      Charter

·                      Formal Agreements

·                      Timing of the Introduction of Formal Agreements

·                      Provision of Accounting Information

·                       

11.       Resident Charges

 

·                      Permitted Charges

·                      Ongoing fees

·                      Respite Care Booking Fees

·                      Entry Contribution Payments

·                      Entry Contribution Refund Arrangements

·                      Maximum Amount of Entry Contribution Retention

·                      Timing of Refunds

·                      Refunds for Joint Entry Contributions

·                      Transfer from Other Residential Aged Care Facility

·                      Entry Contribution Conditions for Re‑entry to a Hostel

·                      Administrative Fees

 

 

PART IV: OUTCOME STANDARDS

 

12.       Outcome Standards

 

 

PART V: ASSURANCE OF CARE PROVISION

 

13.       Entry to Hostel and Provision of Information

 

14.       Breach of General Conditions

 

·                      Breach of General Conditions

·                      Sanctions for Breach, other than Clause 12 Outcome Standards

 

 

PART VI: MISCELLANEOUS

 

15.       Administrative

 

·                      Resident Records to be Kept

·                      Notification of Entry of Residents

·                      Indemnity in Favour of Commonwealth

·                      Insurance

 

16.       Law Applicable

 

17.       State Benefits

 

18.       Extensions to a Hostel.

 

 

PART I: PRELIMINARY

 

1.         DEFINITIONS

 

                        In these General Conditions:

 

with the exception of the definitions provided below, where words, terms and expressions used in these general Conditions are defined in the Act they have the same meaning as in the Act;

 

                                    Act means the Aged or Disabled Persons Care Act 1954.

 

administrative fee means a fee that may be charged where a resident who has an Agreed Date of Entry does not enter the approved hostel or leaves permanently within three months of entry.

 

Agreed Date of Entry means a date, agreed to in writing by both the operator and resident, as the date for the resident to enter the approved hostel.

 

approved hostel means the hostel places, including Respite care places, for which an operator is approved for funding under section 10B of the Act.

 

approved place means a hostel place, including a Respite care place, for which an operator is approved for funding under section 10B of the Act.

 

approved Respite care place means a respite care place for which an operator is approved for funding under section 10B of the Act.

 

claim form means a form, covering a 28 day claim period, approved by the Secretary for the purposes of claims by operators for recurrent subsidy under Part III of the Act.

 

entry contribution means any payment of monies or other valuable consideration required by an operator to be given or loaned in return for, or in contemplation of, entry of a resident to the approved hostel.

 

financially disadvantaged person means any resident of an approved hostel who:

 

(a)     on or before 31 December 1987 was identified to the Department as a financially disadvantaged person by the operator conducting the hostel in which the person is resident; or

 

(b)     immediately prior to the payment by the person of any ongoing fees or entry contribution in respect of the person’s first entry to a hostel, nursing home or to a self contained unit operated by the operator, was:

 

(i)             in receipt of the maximum basic rate of a pension or benefit under Parts 2.2, 2.3, 2.4 (being an Age Pension, Disability Support Pension, Wife Pension) or Part 2.15 (being Special Benefit) of the Social Security Act 1991; or

 

(ii)           in receipt of the maximum basic rate of a pension under Part III (being a Service Pension or Partner Pension) or the maximum rate of pension under Parts II and IV (being a War Widow’s Pension or War Widower’s Pension) of the Veterans Entitlements Act 1986 and whose additional income is not greater than the ordinary area free limit which is allowed to a person in receipt of the maximum basic rate of a pension under Part 2.2, 2.3 and 2.4 of the Social Security Act 1991; and

 

         did not own a home within the period of two years prior to the date of that first entry and who has been identified by the operator to the Department as a financially disadvantaged person; or

 

(c)    has otherwise been, with the approval of the Secretary, identified by the operator to the Department, after having regard to that person’s income and assets, as a financially disadvantaged person.

 

For the purpose of this definition income has the same meaning as in section 8 of the Social Security Act 1991.

 

Formal Agreement means a legally binding agreement in writing between a resident, or the resident’s agent, and an operator.

 

full equity refund arrangement means any refund arrangement in a Formal Agreement under which a resident has a legal entitlement to a refund of the resident’s entry contribution plus the full capital gain or minus the loss on the resale or reallocation of the hostel place. Where it is provided in the Formal Agreement for the refund to be reduced by reasonably incurred and identifiable administrative costs, it is still a full equity refund arrangement.

 

hostel means a facility in which the operator is providing hostel care services and personal care services and for which it is approved under section 10B of the Act for financial assistance by way of recurrent subsidy.

 

Hostel Care Assessment Authority means a person or persons approved by the Secretary in writing to assess and recommend whether a person requires hostel care services by reference to the hostel care assessment criteria set out in subclause 4(1).

 

Hostel Recurrent Funding Agreement means an agreement entered into between the Minister and an operator pursuant to section 10FA of the Act.

 

Occupied Permanent Place Day means any overnight period during which a permanent resident occupies, or has a right to occupy, an approved place.

 

Occupied Place Day means any overnight period during which a resident occupies, or has a right to occupy, an approved place.

 

ongoing fees means fees, not being entry contributions, administrative fees, or Respite care booking fees, payable by a resident to an operator on a periodic and continuing basis for the provision of hostel accommodation and care, and not required by the operator to be paid more than one calendar month in advance.

 

operator means an organisation which has approval for the payment of financial assistance by way of recurrent subsidy under section 10B of the Act.

 

outcome standards means the standards to be met by operators pursuant to clause 12 in the provision of services to residents of hostels.

 

partial assessment means an assessment of a resident by a personal care assessment authority in less than the normal 21 day assessment period due to the resident being discharged before the 21 day assessment requirement can be met.

 

permanent resident means an eligible person who occupies an approved place other than to receive Respite care services.

 

Personal Care Assessment Authority means a person or persons approved by the Secretary, after consultation with the operator, to assess the degree of personal care need of a resident by reference to a Personal Care Assessment Instrument.

 

Personal Care Assessment Instrument means an instrument approved by the Secretary for the purpose of assessing residents in respect of their personal care needs.

 

resident means a person who resides, or who reasonably expects to reside, in a hostel on a permanent basis or to receive Respite care services.

 

Respite care booking fee means a fee required to be paid to an operator by a person requiring Respite care services in order to assure that person of an approved Respite care place.

 

Respite care resident means an eligible person who occupies, or reasonably expects to occupy, an approved Respite care place for the purpose of receiving Respite care services.

 

Secretary means the Secretary to the Department of Human Services and Health, or such other Department of the Commonwealth as is responsible for administration of the Act, or an officer authorised by the Secretary by instrument in writing to exercise all or any of the Secretary’s powers under these General Conditions.

 

self contained unit means an aged person’s unit in a residential facility which is not a nursing home or an approved hostel.

 

temporary leave means five or more consecutive overnight absences of a resident from an approved hostel, where the resident was in the approved hostel the day before those absences and is expected to return to the approved hostel within a definite period.

 

2.         PURPOSE CLAUSE

 

(1)        All recurrent subsidy under Part III of the Act provided by the Commonwealth to an operator must be used by the operator to achieve the objectives of hostel care services and personal care services for residents of the approved hostel.

 

(2)        Approved places must be reserved for use by eligible persons except for those persons who, at the date of the operator’s approval for recurrent subsidy under section 10B of the Act, are existing residents and are not eligible persons.

 

(3)        Approved Respite care places must be reserved for use by Respite care residents only.

PART II: PROVISION OF FINANCIAL ASSISTANCE

3.         PAYMENT OF SUBSIDY

 

(1)        In this clause the word resident means a resident occupying an approved place only.

 

(2)        Commonwealth financial assistance payable to an operator pursuant to section 10C of the Act will only be paid for residents:

 

(a)        assessed by a Hostel Care Assessment Authority as requiring hostel care services and who are financially disadvantaged persons, or

 

(b)        assessed by a Hostel Care Assessment Authority as requiring hostel care services, and whose classification was subsequently determined by the Secretary pursuant to subclause 5(3) of these General Conditions, and to whom such services have been provided; or for residents

 

(c)        assessed by a Hostel Care Assessment Authority and a Personal Care Assessment Authority as requiring hostel care services and personal care services respectively and for whom the operator provides Respite care services; or

 

(d)        for whom the operator provides Respite care services consisting of hostel care services only.

 

(3)        The operator must lodge claims for payment of amounts of recurrent subsidy under Part III of the Act in writing in accordance with a current claim form within a period of 28 days from receipt of the claim form from the Department.

 

(4)        For the purposes of section 10D of the Act a resident may not be both a permanent resident and a Respite care resident on the same day.

 

            4.         HOSTEL CARE ASSESSMENT

 

(1)        (a)     A Hostel Care Assessment Authority may assess an aged or disabled person and may recommend that that person requires, or does not require, hostel care services. The assessment and recommendation must be made in accordance with the criteria set out in paragraph (b) and on a form, approved by the Secretary, in accordance with the instructions given on the form.

 

            (b)     An aged or disabled person may be assessed as requiring hostel care services if that person’s physical, mental or social functioning is affected to such a degree that the person cannot maintain himself or herself independently without support. In making an assessment and recommendation, the Hostel Care Assessment Authority must consider the following hostel care assessment criteria:

 

(i)      evidence of loss of physical functioning should be established by tests of capacity to perform daily living tasks such as reading, cooking meals, writing, dressing, toileting, cleaning, using the telephone, following a special diet, or taking medication;

 

(ii)      evidence of loss of mental functioning should be established through consideration of evidence of verbal and physical aggressiveness and disruption, self‑destructive behaviour, agitation, hallucinations, depression, withdrawal, memory loss, confusion, impaired judgement and reasoning, impaired understanding and attention, asking repeated questions and wandering;

(iii)     evidence of loss of social functioning should be established through consideration of the extent of a person’s social contact with relatives, friends, other persons and general community services. A person who involuntarily has not had weekly contact with at least one of the above persons or services may be considered to have suffered a loss of social functioning.

 

(2)        (a)     The Secretary must accept a recommendation of a Hostel Care Assessment Authority that a person requires hostel care services where the recommendation was made in accordance with the criteria set out in subclause (1) and completed in accordance with the instructions on the form.

 

            (b)     The Secretary must accept a recommendation of a Hostel Care Assessment Authority that an aged or disabled person does not require hostel care services where:

 

(i)      the recommendation was made in accordance with the criteria set out in subclause (1) and completed in accordance with the instructions on the form; and

 

(ii)      that the aged or disabled person has been given written notice of the recommendation and the power of the person to appeal against the recommendation pursuant to subclauses (3) and (4); and either

 

(A)    that person has not appealed pursuant to subclause (3) within 28 days of notice being issued; or

 

(B)     the person did appeal and the Secretary accepted that the person does not require hostel care services pursuant to subparagraph (3) (b) (ii).

 

Review of an Assessment by the Secretary

 

(3)        (a)     Where an aged or disabled person appeals against a recommendation of a Hostel Care Assessment Authority that the person does not require hostel care services, the Secretary must review the assessment of that person.

 

            (b)     In conducting the review, if the Secretary is satisfied

 

(i)      that the person does require hostel care services in accordance with the criteria set out in subclause (1), the Secretary must accept that the person requires hostel care services; or

 

(ii)      that the person does not require hostel care services in accordance with the criteria set out in subclause (1), the Secretary must accept that the person does not require hostel care services.

 

            (c)     The Secretary must notify the assessed aged or disabled person of the outcome of the review providing reasons.

 

Appeal to the Minister in Respect of a Review by the Secretary

 

(4)        (a)     An aged or disabled person may appeal to the Minister to review the outcome of the Secretary’s review under subclause (3), within 28 days of receipt of notice of the outcome of that review.

 

            (b)     In conducting the review, if the Minister is satisfied that the person does require hostel care services in accordance with the criteria set out in subclause (1), the Secretary must accept that the person requires hostel care services.

 

            (c)     The Minister must notify the assessed aged or disabled person of the outcome of the review providing reasons.

 

Period of validity

 

       (5)        A recommendation that the person requires hostel care services accepted pursuant to this clause will be valid for any period of residence in an approved hostel which begins within twelve months of the date of that acceptance.

 

 

5.         PERSONAL CARE ASSESSMENT AND CLASSIFICATION

 

            (1)        In this clause the word resident means a resident occupying an approved place only.

 

(2)        (a)     A Personal Care Assessment Authority may assess a resident’s degree of personal care need for the purposes of an application under paragraph (f):

 

(i)      in the case of a Respite care resident, at any time during the period of residence;

 

(ii)      in the case of a resident who dies or leaves the approved hostel permanently within 56 days of entry, at any time during the period of residence; and

 

(iii)     In the case of a resident who takes temporary leave from an approved hostel within 56 days of entry and who then returns to the hostel but leaves permanently before an assessment can be completed, at any time during the period of residence; and

 

(iv)     in the case of all other residents:

 

(A)    when the resident has occupied an approved place for a minimum of seven days; or

 

(B)     where a classification that was determined under subclause (3) or varied under subclause (5) or (6) in relation to the resident is about to expire, up to six weeks prior to such expiry.

 

(b)     The assessment must be made on a Personal Care Assessment Instrument in accordance with the instructions given on that Instrument, and must have been carried out over a period of:

 

(i)      at least one day in respect of Respite care residents; or

 

(ii)      at least seven days in respect of any resident where a Personal Care Assessment Authority considers that, if a new assessment were made over 21 days, that resident’s classification would not vary from the classification which applied in respect of the existing or previous assessment; or

 

(iii)     in respect of all other residents:

 

(A)    at least 21 days; or 

 

(B)     where before the 21 day assessment is completed the resident dies or leaves the approved hostel permanently, at least one day.

 

(C)    Where a resident takes temporary leave from an approved hostel at any time during the six weeks before re‑assessment, returns to the hostel after the assessment expiry date and then leaves the hostel permanently before the re‑assessment is completed; at least one day.

 

(c)     Each question on the Personal Care Assessment Instrument has a choice of four possible answers, ‘A’ ‘B’ ‘C’ or ‘D’, each of which scores a corresponding point value, as follows:

 

                                 for Question 1 ‑ “Bathing/Showering” ‑

 

A.      “Requires no assistance” scores no points

 

B.      “Requires individual supervision and/or some physical assistance for some of the tasks” scores 16 points;

 

C.      “Requires individual supervision and/or some physical assistance for the majority of tasks” scores 31 points; and

 

D.      “Requires full physical assistance for the majority of tasks” scores 47 points;

 

for Question 2 – “Dressing” ‑

 

A.      “Requires no assistance” scores no points;

 

B.      “Requires individual supervision and/or some physical assistance for some of the tasks” scores 17 points;

 

C.      “Requires individual supervision and/or some physical assistance for the majority of tasks” scores 35 points; and

 

D.      “Requires full physical assistance for the majority of tasks” scores 52 points;

 

for Question 3 ‑ “Eating” ‑

 

A.      “Requires no assistance” scores no points;

 

B.      “Requires individual supervision and/or some physical assistance for some of the tasks” scores 41 points;

 

C.      “Requires individual supervision and/or some physical assistance for the majority of tasks” scores 82 points; and

 

D.      “Requires full physical assistance for the majority of tasks” scores 122 points;

 

                                 Question 4 ‑ “Transfers” ‑

 

A.      “Requires no assistance” scores no points;

 

B.      “Requires individual supervision and/or some physical assistance on some occasions” scores 22 points;

 

C.      “Requires individual supervision and/or some physical assistance on the majority of occasions” scores 43 points; and

 

D.      “Requires full physical assistance on the majority of occasions” scores 65 points;

 

for Question 5 – “Mobility” ‑

 

A.      “Requires no assistance” scores no points;

 

B.      “Requires individual supervision and/or some physical assistance on some occasions” scores 20 points;

 

C.      “Requires individual supervision and/or some physical assistance on the majority of occasions” scores 41 points; and

 

D.      “Requires full physical assistance on the majority of occasions” scores 61 points;

 

for Question 6 – “Toileting” ‑

 

A.      “Requires no assistance” scores no points;

 

B.      “Requires individual supervision and/or some physical assistance on some occasions” scores 51 points;

 

C.      “Requires individual supervision and/or some physical assistance on the majority of occasions” scores 102 points; and

 

D.      “Requires full physical assistance on the majority of occasions” scores 152 points;

 

for Question 7 – “Continence” ‑

 

A.      “Requires no continence care” scores no points;

 

B.      “Requires continence care less than daily” scores 36 points;

 

C.      “Requires continence care once in every 24 hour period” scores 73 points; and

 

D.      “Requires continence care more than once in every 24 hour period” scores 109 points;

 

for Question 8 ‑ “Special Diet” ‑

 

A.      “Requires no special diet” scores no points;

 

B.      “Requires special diet less than daily” scores 4 points;

 

C.      “Requires special diet once in every 24 hour period” scores 8 points; and

 

D.      “Requires special diet more than once in every 24 hour period” scores 12 points;

 

for Question 9 ‑ “Rehabilitation Support” ‑

 

A.      “Requires no individual attention/assistance” scores no points;

 

B.      “Requires individual attention/assistance less than daily” scores 27 points;

 

C.      “Requires individual attention/assistance once in every 24 hour period” scores 55 points; and

 

D.      “Requires individual attention/assistance more than once in every 24 hour period” scores 82 points;

 

for Question 10 ‑ “Treatments/Procedures” ‑

 

A.      “Requires no individual attention/assistance” scores no points;

 

B.      “Requires individual attention/assistance at least once a week” scores 22 points;

 

C.      “Requires individual attention/assistance 1–4 times in every 24 hour period” scores 44 points; and

 

D       “Requires individual attention/assistance at least 5 times in every 24 hour period” scores 66 points;

 

for Question 11 ‑ “Communication” ‑  

 

A.      “Requires no individual attention/assistance” scores no points;

 

B.      “Requires individual attention/assistance on some occasions” scores 28 points;

 

C.      “Requires individual attention/assistance on the majority of occasions” scores 57 points; and

 

D.      “Requires individual attention/assistance on all occasions” scores 85 points;

 

for Question 12 ‑ “Behaviour/Cognition” ‑  

 

A.      “Requires no individual attention/assistance” scores no points;

 

B.      “Requires individual attention/assistance at least once a week” scores 25 points;

 

C.      “Requires individual attention/assistance 1–3 times in every 24 hour period” scores 51 points; and

 

D.      “Requires individual attention/assistance, at least 4 times in every 24 hour period” scores 76 points;

 

for Question 13 ‑ “Understanding of Daily Living Tasks” ‑

 

A.      “Listens, remembers and understands, knows what to do and when, and reacts appropriately” scores no points;

 

B.      “Needs clues/reminding to react appropriately, can understand and react appropriately, but only for a short period” scores 71 points;

 

C.      “Has major difficulties remembering and understanding information, requires continuous repetition and reminding” scores 141 points;

 

D.      “Cannot understand and remember information, must be shown every time” scores 212 points;

 

for Question 14 ‑ “Motivation” ‑

 

A.      “High ‑ initiates and readily participates in daily tasks/activities” scores no points;

 

B.      “Moderate ‑ will work towards completion of daily tasks/activities but needs support and regular direction from others” scores 54 points;

 

C.      “Low ‑ passive, participates in daily tasks/activities only if constantly prompted and directed” scores 109 points; and

 

D.      “Very low/none ‑ unable to initiate daily tasks/activities, is not motivated” scores 163 points;

 

for Question 15 ‑ “Verbal Disruption and/or Physical Aggression” ‑

 

A.      “Not verbally disruptive and/or physically aggressive” scores no points;

 

B.      “Verbally disruptive and/or physically aggressive at least once per week” scores 57 points;

 

C.      “Verbally disruptive and/or physically aggressive during specific daily care routines” scores 113 points; and

 

D.      “Verbally disruptive and/or physically aggressive throughout the day” scores 170 points;

 

for Question 16 ‑ “Wandering” ‑

 

A.      “Does not wander” scores no points;

 

B.      “Wanders with no clear direction (other’s rooms, around facility) at least weekly” scores 80 points;

 

C.      “Wanders with no clear direction (other’s rooms, around facility) on a regular/continuous basis” scores 160 points; and

 

D.      “Takes every opportunity to wander within (other’s rooms, around facility) and away from the hostel. Must be supervised continuously” scores 241 points.

 

(d)     The date of assessment is the date on which the assessment is completed by signature as indicated on the Personal Care Assessment Instrument.

 

(e)     The date of receipt is the date a completed Personal Care Assessment Instrument is received by the department

 

(f)      An operator may apply to the Secretary for a permanent  resident assessed under this subclause to be classified under subclause (3) and for a Respite care resident assessed under this subclause to be assessed as requiring personal care under subclause (3). Such an application must be made on the Personal Care Assessment Instrument.

 

(g)     The Secretary must accept an application made under paragraph (f) where the Personal Care Assessment Instrument was completed in accordance with the instructions on the form.

 

(h)     Where the Secretary accepts such an application, the assessment and the Secretary’s subsequent classification or subsequent assessment pursuant to subclause (3) will be valid until, but not including, the date of expiry being:

 

(i)      the day on which a Respite care resident leaves the approved hostel; or

 

(ii)      the day on which a permanent resident leaves the approved hostel permanently if that date is within six months of the date from which Personal Care Subsidy is payable in accordance with that classification or assessment, pursuant to subclause (4); or

 

(iii)     the date six months after the date from which Personal Care Subsidy is payable in accordance with that classification or assessment, pursuant to subclause (4); in all other cases;

 

except where that assessment or classification has been varied under subclause (5) in which case the assessment and the Secretary’s subsequent classification or subsequent assessment will cease to have had validity.

 

                        Determination of Personal Care Classification or Assessment

 

(3)        (a)     The Secretary will determine the personal care classification of a permanent resident, and the assessment of a Respite care resident, where that resident has been assessed under subclause (2).

 

            (b)     A permanent resident’s classification and a Respite resident’s assessment will be determined from the Personal Care Assessment Instrument for that resident by totalling the scores of Questions
1–12 (inclusive) and, if required, totalling the scores of Questions 13–16 (inclusive), using the point values determined in paragraph (2) (c), such that:

 

(i)      a permanent resident scoring a total of between 101 and 405 points (inclusive) for Questions 1–12 (inclusive) will be classified at the low level of personal care need, except where:

 

(A)    that resident scored 25 points or more for Question 12 and  scored a total of at least 150 points for Questions 13–16 (inclusive), in which case the resident will be classified at the intermediate level;

 

(ii)      a permanent resident scoring a total of 406 points or over for Questions 1–12 (inclusive) will be classified at the high level of personal care need;

 

(iii)     a Respite care resident scoring a total of at least 101 points for Questions 1–12 will be assessed as requiring personal care;

 

(iv)     a resident covered by the provisions of subsubparagraph (2) (b) (iii) (B) who scores at least 101 points for Questions 1‑12 (inclusive) will be classified at the low level of personal care need.

 

            (c)     A resident who is on temporary leave on the date of expiry of assessment referred to in subparagraph (2) (h) (iii) or during the six weeks prior to the date of expiry of an assessment referred to in subparagraph 2 (h) (iii) is deemed to be classified at the low level of personal care need from the day after the date of expiry until and including the day before return from temporary leave.

 

            (d)     A resident who returns from temporary leave before the assessment expiry date, is deemed to be classified as HC or nil from the day after the assessment expiry date until the personal care assessment instrument is received at the department, at which time the resident will be classified at the assessed care level from the day after the assessment expiry date.

 

            (e)     A resident who is on temporary leave over the period of re‑assessment and is discharged from the hostel after the assessment expiry, date before a full 21 day re‑assessment can be completed as referred to in subparagraph (2) (a) (iv) (B) and is partially assessed in accordance with subparagraph (2) (b) (iii) (C), is deemed to be classified at the low level of personal care need from the day after the PC assessment expiry date to the day before the discharge date. (Partial Assessment).

 

            (f)      A resident who dies or leaves the approved hostel permanently within 56 days of entry, before a full 21 day assessment can be completed as referred to in subparagraph (2) (a) (ii) and is partially assessed in accordance with subparagraph (2) (b) (iii) (B), is deemed to be classified at the low level of personal care need from the day of admission to the day before the discharge date. (Partial Assessment)

 

            (g)     A resident who takes temporary leave from the approved hostel within 56 days of entry, returns and then leaves the hostel permanently before a full 21 day assessment can be completed as referred to in subparagraph (2) (a) (iii) and is partially assessed in accordance with (2) (b) (iii) (B), is deemed to be classified at the low level of personal care need from the day of admission to the day before the discharge date. (Partial Assessment)

 

                                    Dates from which Personal Care Subsidy is Payable

 

(4)                 Where a Personal Care Assessment Instrument in respect of a resident is received by the Secretary and the resident is subsequently classified, assessed or

 

(5)                 deemed to be classified, pursuant to subclause (3) (a), subsidy is payable to the organisation in accordance with that classification or assessment:

 

(i)      From the date of entry to the approved hostel where the date of receipt of the completed personal care assessment instrument at the department is:

 

(A)    within 14 days from the date of assessment for respite care residents; or

 

(B)     within 56 days (inclusive) of the date of entry for permanent residents; or

 

(C)    for a resident who starts temporary leave within 56 days (inclusive) of the date of entry, a date within 56 days of the resident’s return to the approved hostel; or

 

(ii)      from the date of expiry of the previous assessment where the assessment on the Personal Care Assessment Instrument was made by that date of expiry and the date of receipt of the personal care assessment instrument is within 14 days of the expiry date; or

 

(iii)     from the date of return from temporary leave for a resident who is on temporary leave at the date of expiry, or during the six weeks prior to the date of expiry, where the date of receipt of the Personal Care Assessment Instrument is within 56 days of the date of the resident’s return from temporary leave to the approved hostel; or

 

(iv)     for residents described in subparagraph (3) (d), from the date of commencement of the classification provided for in the relevant paragraph; or

 

(v)     for residents described in subparagraph (3) (e), from the day after the PC assessment expiry date to the day before the day of discharge, if the partial PCAI assessment date is the same as the resident’s discharge date, the PCAI score is greater than or equal to the PC Low threshold and the PCAI is received at the Department within 14 days of the resident’s date of discharge.

 

(vi)     for residents described in subparagraph (3) (f) and (3) (g) from the date of admission to the day before the date of discharge, if the partial PCAI assessment date is the same as the resident discharge date, the PCAI score is greater than or equal to the PC Low threshold and the PCAI is received at the Department within 14 days of the resident’s date of discharge.

 

(vii)    where it is established by the operator that a Resident described in subsubparagraph (i) (C), or subparagraph (iii) has taken further temporary leave within the 56 day extension provided, the subsidy is payable from the date which would have applied under those provisions if they had not taken that additional temporary leave; or

 

(viii)   From the date of assessment where a resident previously assessed as requiring hostel care is re‑assessed at the personal care level, if the personal care assessment instrument is received at the department within 14 days of the assessment date; or

 

(ix)     From the date of assessment where a variation to an assessment or classification has been downgraded from a personal care level to hostel care level as the result of a review, providing the completed PCAI is not signed or dated earlier than 21 days after the review date and is received at the Department within 14 days of the new assessment date. The hostel will be paid hostel care subsidy or nil from the review date to the day before the new assessment date.

 

(x)     from the date of assessment in all other cases.

 

            Review of an Assessment by the Secretary

 

(6)        (a)     The Secretary may at any time review an assessment of any resident made under subclause (2).

 

(b)     If the Secretary is not satisfied that an assessment was made in accordance with subclause (2), the Secretary may vary that assessment accordingly.

 

(c)     Where the Secretary varies an assessment, the Secretary may also vary the classification or assessment in accordance with subclause (3).

 

(d)     Where the Secretary varies an assessment or classification, the Secretary must notify the operator accordingly in writing.

 

(e)     Where a variation to an assessment or classification is downgraded from one personal care level to a lower personal care level the variation will be taken to have had effect from the original date of assessment and will expire on the date the original assessment would have expired pursuant to paragraph (2) (h) if it had not been varied by the Secretary.

 

(f)      Where a variation to an assessment or classification is downgraded from a personal care level to hostel care level the hostel may undertake a new assessment over a 21 day assessment period from the date of the review.

 

Appeal to the Minister in Respect of a Review by the Secretary

 

(7)        (a)     An operator may appeal to the Minister to review a decision made by the Secretary under subclause (5) within 28 days of receipt of notice of that decision.

 

(b)     The Minister may affirm or vary the decision made by the Secretary under subclause (5) having regard to the personal care assessment and classification requirements set out in subclauses (2) and (3) and must notify the operator accordingly in writing.

 

(c)     Where the Minister varies a decision by the Secretary under subclause (5), the varied assessment or classification will be taken to have had effect from

 

(d)     the original date of assessment and will expire on the date the original assessment would have expired pursuant to paragraph (2) (h) if it had not been varied by the Secretary.

 

Adjustment of Recurrent Subsidy Following a Review or Appeal

 

(7)        (a)     Where a variation has been made to a classification or assessment by the Secretary or Minister under subclause (5) or (6) with the result that payment of recurrent subsidy to an operator has exceeded the amount of recurrent subsidy payable under these General Conditions, such amounts of financial assistance as have been overpaid will be repayable.

 

(b)     Any monies properly repayable under paragraph (a) will become a debt due from the operator to the Commonwealth and recoverable as such. In such a case the Commonwealth may reduce the amount of any future payment of recurrent subsidy payable by the Commonwealth to the operator by the amount of any monies so repayable by the operator to the Commonwealth.

 

(c)     Where a variation has been made to a classification or assessment by the Secretary or Minister under subclauses (5) or (6) with the result that payment of recurrent subsidy to an operator has been less than the amount of recurrent subsidy payable under these General Conditions, such amount of financial assistance as has been underpaid will be made by addition to future payments of recurrent subsidy.

 

6.         ACCESS REQUIREMENTS

 

Financially Disadvantaged Persons

 

(1)        The percentage of Occupied Permanent Place Days to be occupied by financially disadvantaged people specified in an approved hostel’s Hostel Recurrent Funding Agreement must be occupied by financially disadvantaged persons over a financial year. The actual percentage occupied by financially disadvantaged people shall be calculated by dividing the number of Occupied Place Days occupied by financially disadvantaged persons over the financial year, by the number of Occupied Permanent Place Days during that financial year and multiplying the result by 100.

 

(2)        Hostels must have attained the specified percentage referred to in subclause (1) by the later of:

 

(a)     the end of the 1991‑1992 financial year; or

 

(b)     the end of the first full financial year subsequent to the operator first receiving recurrent subsidy under Part III of the Act for that approved hostel except where a later financial year is specified in the Hostel Recurrent Funding Agreement for hostels which have existing residents at the date of approval for recurrent subsidy under section 10B of the Act.

 

Priority Access

 

(3)        Where the Minister specifies in the Hostel Recurrent Funding Agreement that an operator must accommodate at a hostel a specific class or classes of persons, those persons must receive priority of access in respect of all approved places in that hostel.

 

7.         SERVICES TO BE PROVIDED

 

(1)        Where needed, the operator must provide hostel care services and personal care services to residents of approved places.

 

(2)        Subject to subclause (3), the operator must ensure that the hostel provides in each approved place an effective communication system which enables assistance to be called to that place.

 

(3)        In respect of a hostel for which an operator received recurrent subsidy under Part III of the Act before 11 January 1989, the operator must comply with subclause (2) except where that hostel’s Hostel Recurrent Funding Agreement provides that in respect of architectural standards the operator is not required to provide an effective communication system.

 

8.         LEAVE ENTITLEMENTS

 

(1)        Permanent residents may take temporary leave for any reason and whenever required.

 

(2)        Respite care residents may not take temporary leave.

 

(3)        The operator is eligible to receive recurrent subsidy under Part III of the Act for a permanent resident:

 

(a)     where temporary leave is taken by that resident to enter a hospital;

 

(b)     for 28 days a year where temporary leave is taken by that resident to enter a nursing home; and

 

(c)     for an additional 28 days a year where temporary leave is taken by that resident for any reason.

 

(4)        For the purposes of calculating temporary leave entitlements, a year will commence at the start of the 28 day claim period which includes 1 July and ends at the end of the claim period immediately before the claim period which includes 1 July in the following year.

 

(5)        Temporary leave taken by a permanent resident must be treated by the operator as occupancy for all purposes under these conditions.

 

9.         RESPITE CARE

 

(1)        Subject to the Hostel Recurrent Funding Agreement, the operator must maintain for Respite care services:

 

(a)     in a hostel with a capacity of 50 approved places or fewer, at least one approved place; and

 

(b)     in a hostel with a capacity of more than 50 approved places, at least two approved places.

 

(2)        An operator must not require from, or accept from, a ­Respite care resident any ongoing fees for that resident’s occupation of a Respite care place on a day for which no recurrent subsidy under Part III of the Act may be paid for that resident as a Respite care resident

 

(3)        On the day of entry of a Respite care resident to an approved hostel the operator must give to the Respite care resident a statement setting out:

 

(a)     that the Respite care resident will be able to occupy a Respite care place in that approved hostel for a maximum of 63 days in a benefit period as determined by the minister under section 10D (14) of the Aged or Disabled Persons Care Act 1954;

 

(b)     the number of days in the benefit period that the resident has been a respite care resident; and

 

(c)     the date on which the operator expects the Respite care resident to vacate the Respite care place.

PART III: HOSTEL REQUIREMENTS OF, AND OBLIGATIONS TO, RESIDENTS

 

10.       RESIDENTS’ RIGHTS AND RESPONSIBILITIES

 

Charter

 

(1)        An approved hostel must be operated in accordance with the Charter of Residents’ Rights and Responsibilities in Approved Hostels.

 

Formal Agreement

 

(2)        Subject to these General Conditions an operator must offer, and remain ready at all times, to enter into a Formal Agreement with each resident. A Formal Agreement must be offered to a resident before there is an Agreed Date of Entry and before the resident enters the hostel. Such Formal Agreements must be in plain language, and must contain provisions dealing with each of the following matters where applicable:

 

(a)     ongoing fees, including the amount of ongoing fees payable, or the method of calculating those fees, the timing and method of adjusting fees, and details of amounts payable during periods of temporary leave;

 

(b)     the payment and refund of entry contributions including administrative fees and all amounts that may be retained from the entry contribution;

 

(c)     Respite care booking fee;

 

(d)     temporary leave entitlements;

 

(e)     provision of accounting information to residents;

 

(f)      the Agreed Date of Entry; and

 

(g)     the legal nature of the right to live at the hostel and the length of time of that right, including:

 

(i)      the conditions under which services and the right to live at the hostel may be terminated, and

 

(ii)      the length of stay for Respite care residents.

 

These provisions must not be less favourable to the resident than the requirements of these General Conditions.

 

In meeting the requirements of this subclause, operators should note the requirements of Standard 1.03 of subclause 12 (1).

 

(3)        Where no Formal Agreement has been entered into between the resident and the operator, the operator must in all its dealings with that resident observe these General Conditions where applicable.

 

(4)        A Formal Agreement between an operator and a resident must not contain provisions that provide for alternative entry contribution refund arrangements on the basis that an agreement between the operator and the Commonwealth has been terminated.

 

Timing of the Introduction of Formal Agreements

 

(5)        The operator must in respect of:

 

(a)     residents occupying approved places other than those to whom paragraph (b) apply, who accept an offer of a Formal Agreement

 

sign such an agreement within three months of that acceptance;

 

(b)     residents of approved places, resident in the approved hostel when the operator first received approval for recurrent funding under section 10B of the Act for that hostel, where that approval was subsequent to 11 January 1989, with:

 

(i)      existing Formal Agreements for entry contribution refunds,

 

continue to observe the terms of those agreements;

 

(ii)      agreements, other than Formal Agreements, for entry contribution refunds entry contribution refunds,

 

offer to enter a Formal Agreement specifying that agreement and where accepted, sign such an agreement within three months of that approval;

 

(iii)     ongoing fees in excess of those allowed under these conditions,

 

introduce within 12 months of that approval an ongoing fees arrangement consistent with these General Conditions and

 

offer to enter into a Formal Agreement specifying such ongoing fees, and where accepted sign such an agreement within three months of that acceptance;

 

(iv)     no Formal Agreements consistent with provisions under these General Conditions relating to all relevant matters set out under subclause (2) other than entry contribution refunds and ongoing fees,

 

offer to enter into such Formal Agreements and where accepted do so within three months of that acceptance.

 

Provision of Accounting Information to Residents

 

(6)        The operator must provide annually to each permanent resident or the resident’s agent, other than Respite care residents, a clear and simple written presentation of the hostel’s financial position. A copy of the most recent version of the hostel’s audited accounts must be made available at any time to a resident within seven days of a request by that resident.

 

In meeting the requirements of this subclause, operates should note the requirements of Standards 1.06 and 1.07 of subclause 12 (1).

 

11.       RESIDENT CHARGES

 

Permitted Charges

 

(1)        (a)     Except as provided for in paragraph (b):

 

(i)      a resident, not being a Respite care resident, must not be charged any payment other than an entry contribution, ongoing fees and an administrative fee; and

 

(ii)      a Respite care resident must not be charged any payment other than ongoing fees and a Respite care booking fee.

 

(b)     The operator may charge a resident for arranging services, not being hostel care services or personal care services, as determined by the Minister under Section 10A of the Aged or Disabled Persons Care Act 1954, and which are at the resident’s request and are provided by a party other than the operator to that resident, and where those services are solely used by the resident.

 

(c)     No charges may be levied on behalf of a resident on any other person.

 

Ongoing Fees

 

(2)        (a)     Where an operator requires residents to pay ongoing fees, such fees must be determined so that:

 

(i)      a resident in receipt of income equal to or less than the amount of the sum of the maximum basic rate of pension, the maximum rent assistance rate, and maximum pharmaceutical allowance rate for a person classified as “Not member of a couple” under subsections 1064‑B1, 1064‑D5 and section 1061C respectively of the Social Security Act 1991 is not required to pay ongoing fees which exceed 85 per cent of the sum of such maximum rates of pension and rent assistance;

 

(ii)      a resident in receipt of income equivalent to the maximum amount of income within the terms of subparagraph (i) plus additional income up to the ordinary free area limit for a person classified as “not member of a couple” under subsection 1064‑E4 of the Social Security Act 1991 is not required to pay ongoing fees in excess of the maximum fee payable under subparagraph (i) plus 50 cents for each dollar of that additional income net of tax and Medicare levy; and

 

(iii)     a resident in receipt of income in excess of the maximum amount of income within the terms of subparagraph (ii) is not required to pay ongoing fees which would leave the resident with less income net of tax and Medicare levy than a resident who is in receipt of the maximum income within the terms of subparagraph (ii) and who pays the highest fee that may be required under subparagraph (ii).

 

(b)     For the purposes of determining a resident’s income under paragraph (a), any telephone allowance under Part 2.25 of the Social Security Act 1991 or Part VIIB of the Veterans Entitlements Act 1986 or Part IIIA of the Seamen’s War Pensions and Allowances Act 1940 must not be taken into account.

 

(c)     Ongoing fees must be reviewed at least annually or at the request of the resident. Where a resident’s income changes such that the ongoing fees being charged are greater than those permitted under paragraph (a) and the operator has undertaken all such reviews there is no breach of these General Conditions.

 

(d)     Where a resident takes temporary leave such that no recurrent subsidy under Part III of the Act is payable for that resident and wishes to retain an approved place, the operator may charge that resident ongoing fees no greater than the sum of that resident’s ongoing fees as determined under paragraph (a) plus any recurrent subsidy under Part III of the Act not payable to the operator due to the resident’s temporary leave. Where another resident occupies the resident’s approved place during the resident’s absence, the first resident must not pay more than the above amount less any fees and recurrent subsidy received by the operator for that other resident.

 

(e)     There is no onus on the operator to obtain information for the purposes of determining ongoing fees in accordance with paragraph (a) but the operator must:

 

(i)      take account of all relevant information supplied by the resident from the moment it is provided; and

 

(ii)      inform the resident of the provisions of this subclause

 

 

Respite Care Booking Fees

 

(3)        (a)     Where an operator requires a Respite care resident to pay a fee to book a Respite care place, that Respite care booking fee must be no more than the lesser of:

 

(i)      25 per cent of the ongoing fees which will be charged to that Respite care resident for the period of the booking; or

 

(ii)      one week’s ongoing fees.

 

(b)     Where the Respite care resident gives seven days or more notice in writing of cancellation of the booking or the cancellation is due to hospitalisation or death of the resident, the Respite care booking fee paid by the resident must be refunded in full within fourteen days of receipt of such notice or of hospitalisation or death.

 

(c)     In all other cases, the operator may retain the booking fee.

 

(d)     Where the Respite care resident enters the approved hostel and the Respite care booking fee is retained by the operator, the ongoing fees payable by the Respite care resident must be reduced by the amount of the Respite care booking fee.

 

Entry contribution Payments

 

(4)        (a)     The operator must not charge an entry contribution where a resident has shown that payment of that entry contribution would leave the resident with assets worth less than 2.5 times the annual maximum basic rate of pension payable to persons classified as “Not member of a couple” under subsection 1064‑B1 of the Social Security Act 1991, as adjusted to the nearest $500.00.

 

(b)     When calculating assets for the purposes of paragraph (a) the value of household contents and personal effects is deemed to be the lesser of $5,000 or the actual value of those assets

 

(c)     Where one entry contribution is paid jointly by two residents the residents must retain between them twice the amount provided for in paragraph (a).

 

(d)     No resident may be required to pay more than one entry contribution in relation to any one period of residence in an approved hostel.

 

(e)     No resident either:

 

(i)      resident in the approved hostel at 11 January 1989; or

 

(ii)      resident in the approved hostel on the date of first approval for recurrent subsidy under section 10B of the Act.

 

may pay an entry contribution unless already agreed to before 11 January 1989 or the date of approval for recurrent subsidy respectively.

 

(f)      There is no onus on the operator to obtain information for the purposes of determining entry contributions in accordance with the provisions of paragraph (a), but the operator must:

 

(iii)     take account of all relevant information supplied by the resident from the moment it is provided; and

 

(i)      inform the resident of the provisions of this subclause and subclauses (6) and (7) prior to determining the entry contribution.

 

(g)     Entry contributions, including any amounts derived from them, for entry to an approved hostel for which capital subsidies under Part III of the Act have been paid must be used by the operator to meet capital and/or recurrent costs of an approved hostel. Where loan commitments by an operator which is an eligible organisation exist in respect of an approved hostel, entry contributions paid in respect of entry to an approved place in that hostel must be used primarily to discharge those commitments.

 

Entry Contribution Refund Arrangements

 

(5)        The conditions set out below in subclauses (6) to (10) relate only to arrangements for refund to residents of entry contributions other than refunds

 

(a)     under full equity refund arrangements; or

 

(b)     specified in a Formal Agreement for entry contributions agreed to before 11 January 1989; or

 

(c)     for residents, resident in the approved hostel when the operator received approval for recurrent funding under section 10B of the Act for that approved hostel where that approval was subsequent to 11 January 1989, whose entry contribution as agreed to before that date of approval and has been specified in a Formal Agreement.

 

(6)        Maximum Amount of Entry Contribution Retention

 

(a)     Where a resident has agreed in a Formal Agreement to pay an entry contribution to an operator and either does not enter the approved hostel or leaves the approved hostel permanently, or dies, within a period of 3 calendar months from the date of entry, the entry contribution must be refunded in full, except for any administration fee payable by the resident in accordance with subclause (11).

 

(b)     Where a resident has agreed in a Formal Agreement to pay an entry contribution to an operator and leaves the approved hostel permanently, or dies, after having lived in the approved hostel for longer than 3 months, the operator may retain from that resident’s entry contribution an amount no more than an amount pursuant to paragraph (c) plus, where the entry contribution was agreed in a Formal Agreement subsequent to 1 October 1992, an amount for late payment of an entry contribution pursuant to paragraph (d).

 

(c)     For the purposes of paragraph (b):

 

(i)      for all entry contributions of $A or less, the operator may retain an amount up to a maximum of $B for each six month period that the resident has lived in the approved hostel, to a maximum period of five years; and

 

(ii)      for all entry contributions of greater than $A the operator may retain up to a maximum of $C or five percent (whichever is less) for each six month period the resident has lived in the approved hostel, to a maximum period of five years.

 

(d)     For the purposes of paragraph (b), where a resident has agreed to pay an entry contribution by a date stipulated in a Formal Agreement, agreed to subsequent to 1 October 1992, and fails to do so within six months of that agreed date, the operator may retain:

 

(i)      for all entry contributions of $A or less, an amount up to a maximum of $B for each six month period that the entry contribution is overdue, to a maximum period of five years; and

 

(ii)      for all entry contributions of greater than $A an amount up to a maximum of $C or five percent (whichever is less) for each six month period that the entry contribution is overdue, to a maximum period of five years.

 

(e)     For the purposes of paragraphs (c) and (d), where a resident’s period of residence or the period which the resident’s entry contribution was overdue respectively are not exactly divisible by six month periods the final period is deemed to be a six month period.

 

(f)      In paragraphs (c) and (d), $A is the amount listed in column A of paragraph (i) for the date on which the entry contribution was paid in full.

 

(g)     In paragraphs (c) and (d), $B is the amount listed in column B of paragraph (i) for the date on which the entry contribution was paid in full.

 

(h)     In paragraphs (c) and (d), $C is the amount listed in column C of paragraph (i) for the date on which the entry contribution was paid in full.

 

                        (i)                                       Column A             Column B          Column C

 

                                 on or before

                                 28.2.1991                 $10,000                 $500                $1,000

 

                                 From 1.3.1991

                                 to 29.1.1996             $12,000                 $600                $1,200

 

                                 after

                                 29.1.1996                 $13,000                 $650                $1,300

 

                                 after

                                 29.1.96                     $13,000                 $650                $1,300

 

(7)        Timing of Refunds

 

(a)     Where a resident or the resident’s agent notifies an operator in writing that the resident will not be entering the approved hostel and:

 

(i)      there is no Agreed Date of Entry, any entry contribution refund due to the resident must be paid within fourteen days of that notice; or

 

(ii)      there is an Agreed Date of Entry, any entry contribution refund due to the resident must be paid within three months of that notice.

 

(b)     Where a resident leaves the approved hostel permanently, or dies, any entry contribution refund due to the resident must be made by a date:

 

(i)      six calendar months from the resident’s departure or death; or

 

(ii)      21 days from receipt of a new entry contribution in full from a new resident whether or not the new entry contribution is equal to, or less than, the amount of the refund

 

whichever is the earlier date.

 

(c)     An operator is not deemed to be in breach of this subclause if the person or persons legally entitled to the refund cannot be identified or contacted where the operator has taken all reasonable steps to identify and contact that person or those persons, including, in the case of a refund due to a resident who has died intestate, the lodging of a formal request with the relevant Public Trustee.

 

(8)        Refunds for Joint Entry Contributions

 

(a)     Where one entry contribution is paid jointly by two residents, that joint entry contribution is deemed to consist of two equal parts, the two parts deemed to

 

(b)     be entry contributions, one for each of the two residents, for the purposes of the appropriate refund set out in subclause (6).

 

(c)     The only exception to paragraph (a) is where the two people share two approved places such that were only one to leave those approved places permanently, or to die, and the other to remain in one of those two approved places the operator would be unable to fill the other place. In this case the Formal Agreement may provide that the first refund entitlement may be held by the operator for the period the remaining partner remains a resident in one of those approved places.

 

(d)     Where paragraph (b) applies:

 

(i)      for the purposes of calculating the amounts of refund the date of actual departure or death must be used to calculate the amount of refund;

 

(ii)      for the purposes of timing of refunds, both parties are deemed to have departed the approved hostel, or to have died, on the actual date of departure or death of the remaining partner.

 

(9)        Transfer from Other Residential Aged Care Facility

 

Where:

 

(a)     a person paid a refundable entry contribution for access to an operator’s facilities for the aged other than an approved hostel; and

 

(b)     that person becomes a resident without that contribution being refunded;

 

any money that would have been refunded if that person had left the operator’s facilities permanently or died is to be treated as an entry contribution or part of an entry contribution in relation to entry to the approved hostel.

 

(10)      Entry Contribution Conditions for Re‑entry to a Hostel

 

(a)     Where a resident has permanently left an approved hostel:

 

(i)      to receive more intensive care in a nursing home, another hostel or a hospital; or

 

(ii)      to transfer to another hostel or self contained unit operated by, or Community Aged Care Services Package provided by, the same operator

 

and then re‑enters the approved hostel within two years of leaving, the following terms and conditions regarding entry contributions must apply:

 

(iii)     where the operator provided that previous resident with a refund of an entry contribution, the operator may require that resident to pay an entry contribution no greater than the amount which was previously refunded;

 

(iv)     for the purposes of the amount of entry contribution refund, the period of absence from the approved hostel is deemed to be a period of residence, and the date of entry must continue to be the first date of entry to the hostel.

 

(b)     If the re‑entry referred to in paragraph (a) occurs after the two year period any amount of entry contribution to be paid need not take account of the amount of entry contribution refund previously received.

 

(c)     Where a resident leaves an approved hostel permanently and both the resident and the operator agree in writing to postpone the date of permanent departure for up to six calendar months from the date of actual departure for the purposes of the timing of the refund of entry contribution pursuant to subclause (7), then

 

(i)      where that resident applies for re‑entry to the approved hostel within the six calendar month period:

 

(A)       a new entry contribution may not be charged;

 

(B)       the operator must accept the application for re‑entry;

 

(C)       the date of re‑entry must be subject to negotiation between the operator and the resident and may include a date after the six month period; and

 

(D)       for the purposes of the amount of entry contribution refund the period of absence from the approved hostel is deemed to be a period of residence;

 

(ii)      where that resident, or his or her agent, notifies the operator within the six calendar month period of the resident’s intention not to apply for re‑entry, then the resident’s departure date, for purposes of the timing of an entry contribution refund, is deemed to be the date of such notification, and the resident’s departure date for the purpose of calculating the amount of an entry contribution refund is the actual date of the resident’s departure from the approved hostel; 

 

(iii)     other than subparagraph (ii), where the resident does not apply for re‑entry within the six calendar month period, then the resident’s departure date, for purposes of the timing of an entry contribution refund is deemed to be the day after the expiration of the six calendar months, and the resident’s departure date for the purposes of calculating the amount of entry contribution refund is the actual date of the resident’s departure from the approved hostel.

 

(11)      Administrative Fees

 

An operator may only charge a resident an administrative fee where payment of an entry contribution is agreed to in the resident’s Formal Agreement. The administrative fee may be no greater than:

 

(a)     for residents who have not entered the approved hostel but who have an Agreed Date of Entry, 25 percent of the amount specified in column C of paragraph (6) (i) or the date of the Agreed Date of Entry; or

 

(b)     for residents who entered the approved hostel and left permanently within 3 months of the date of entry, 50 percent of the amount specified in column C of paragraph (6) (i) for the date on which the resident left the approved hostel

 

For residents who either did not enter the approved hostel and who did not have an Agreed Date of Entry or who have lived in the approved hostel for a period longer than 3 months from the date of entry no administrative fee may be charged.

PART IV: OUTCOME STANDARDS

 

12.       OUTCOME STANDARDS

 

Subclauses (1) to (6) inclusive of this clause set out the outcome standards to be met by an operator.

 

(1)        Freedom of choice and of exercising rights

 

OBJECTIVE: Each resident is to have active control of his or her own life.

 

Standard 1.01

 

Before moving into the hostel, each resident must be given the opportunity to learn about the lifestyle of residents of the hostel.

 

Standard 1.02

 

Before moving into the hostel, each resident, or a representative of the resident, must be given full opportunity to discuss with a responsible hostel staff member the resident’s rights and responsibilities.

 

Standard 1.03

 

Hostel management must ensure that:

 

(a)     each resident has, or is offered, a Formal Agreement with the operator of the hostel that:

 

(i)      treats the parties as equals; and

 

(ii)      sets out clearly the rights and obligations of each party; and

 

(iii)     includes equitable termination provisions; and

 

(b)         each resident, either directly or through a representative, is:

 

(i)      informed of, and assisted to understand, the resident’s rights; and

 

(ii)      whenever necessary — able to talk to a responsible hostel staff member about any agreement between the resident and the hostel operator; and

 

(iii)     at liberty to seek the services of an interpreter, a translator or a legal practitioner for independent assistance.

Standard 1.04

 

Hostel management and staff must be available for discussion about a resident’s freedom of choice sufficiently to enable each resident, or representative of the resident:

 

(a)     to make informed decisions and choices about the resident’s daily activities; and

 

(b)     to participate in decision‑making processes that affect the resident’s life‑style.

 

Standard 1.05

 

To ensure that the rights and responsibilities of each resident, as a member of Australian society and as a resident of the hostel, are observed:

 

(a)     a balance must be maintained between the rights and responsibilities of each resident individually and the rights and responsibilities of residents as a group;

 

(b)     to the extent practicable, each resident must be assisted to exercise his or her rights and to fulfil his or her responsibilities;

 

(c)     each resident, either directly or through a representative, must be able to draw attention to, or comment on, unsatisfactory conditions in the hostel;

 

(d)     prompt action must be taken to identify the cause of any dissatisfaction and, if possible, to resolve the problem.

 

Standard 1.06

 

Each incoming resident, either directly or through a representative, must be assisted to understand the fees and other charges of the hostel and be given a written explanation of the services that are provided for those fees and charges.

 

Standard 1.07

 

Each resident must be given:

 

(a)     at least once a year, a written schedule and explanation of the costs and the fees and other charges of the hostel; and

 

(b)     a reasonable period of time before the change is to occur — a written schedule and explanation of any change in the fees and other charges

 

(2)        Care Needs

OBJECTIVE: The care needs of each resident must be identified and met.

Standard 2.01

 

The care needs of each incoming resident must be identified.

 

Standard 2.02

 

Each incoming resident must be given support in adjusting to hostel living.

 

Standard 2.03

 

The care needs of each resident must be continually monitored, general care services being provided as necessary and each resident having access to professional health care as necessary.

 

Standard 2.04

 

The manner in which each resident’s care and personal needs are fulfilled must comply with the following principles:

 

(a)     the independence and dignity of the resident are to be upheld;

 

(b)     awareness of, and behaviour compatible with, the cultural and linguistic background of the resident are to be demonstrated;

 

(c)     the needs of the resident and the manner in which they are met are to be identified by communication and negotiation with the resident, either directly or through a representative;

 

(d)     regular review of services provided to the resident is to be undertaken with the resident, either directly or through a representative;

 

(e)     the resident is to be encouraged and assisted to make informed choices about the options available to him or her for his or her care in the hostel.

 

Standard 2.05

 

That the individual care needs of people with dementia, recurrent confusion and cognitive impairment are identified, and that these residents participate in a program that enhances their quality of life and care.

 

(3)        Dignity and privacy

Objective: The dignity and privacy of each resident is to be respected.

 

Standard 3.01

 

Each resident must be treated with respect for his or her dignity.

 

Standard 3.02

 

Each resident must have personal space in which to display and securely store personal effects.

 

Standard 3.03

 

Personal effects of a resident must not be used by other persons without the consent of the resident.

 

Standard 3.04

 

Each resident must be free to carry out activities of a personal nature in private or, if necessary, with the discreet assistance of hostel staff.

 

Standard 3.05

 

Information about residents must be treated in confidence.

 

(4)        Social independence

 

Objective: Each resident should exercise maximum social independence.

 

Standard 4.01

 

Each resident must be able to receive guests of his or her choice in private and in other suitable areas in the hostel.

 

Standard 4.02

 

To provide continuity with each resident’s lifestyle before becoming a resident, he or she must be allowed opportunity:

 

(a)     to engage, to the extent practicable, in spiritual, cultural and leisure activities that are significant to him or her; and

 

(b)     to participate in local community life; and

 

(c)     to keep informed of current events and to vote in community elections.

 

Standard 4.03

 

Each resident must be assisted to the degree required to remain independent in the conduct of his or her financial dealings.

 

Standards 4.04

 

An appropriate balance must be maintained between the independence and the safety of each resident.

 

(5)        Variety of experience

 

Objective: Residents must have opportunity to participate in the variety of activities and experience of interest to them.

 

Standard 5.01

 

Each resident must have the opportunity to give expression to, and to engage in activities relevant to, his or her various interests and cultural and linguistic background.

 

Standard 5.02

 

Each resident’s right to participate in activities that may involve some personal risk must be respected.

 

(6)        Home‑like environment

 

Objective: A hostel is to provide a home‑like environment for the comfort, safety and well‑being of the residents.

 

Standard 6.01

 

Each resident must be provided with a comfortable and home‑like environment.

 

Standard 6.02

 

The hostel must afford each resident a clean and safe environment.

PART V:  ASSURANCE OF CARE PROVISIONS

 

13.       ENTRY TO HOSTEL AND PROVISION OF INFORMATION

 

In order to ascertain whether the operator is complying with these General Conditions and the Hostel Recurrent Funding Agreement the operator must

 

(1)        at all reasonable times permit the Secretary to enter and inspect a hostel and where requested by the Secretary, provide reasonable facilities and assistance, including private access to residents, staff and documents; and

 

(2)        where requested in writing by the Secretary, provide information, including information relating to arrangements made between the  operator and residents, as the Secretary requires.    

 

14.       BREACH OF GENERAL CONDITIONS

 

(1)        Where there is a breach of these General Conditions then there is also a  breach of the Hostel Recurrent Funding Agreement.

 

Breach of General Conditions

 

(2)        If at any time the Secretary is satisfied that the hostel is not being administered by the operator in accordance with these General Conditions the Secretary may, by notice in writing, require the operator to hold discussions with the Secretary on any matter referred to in these General Conditions or otherwise that relates to the administration of the hostel.

 

(3)        If, after having regard to such discussions changes to the operation of the hostel are required to ensure compliance by the operator with these General Conditions or the hostel’s Hostel Recurrent Funding Agreement, the operator must, within the time or times specified by notice given in writing by the Secretary to the operator, make such changes as are specified in the notice.

 

Sanctions for Breach, Other than Clause 12 Outcome Standards

 

(4)        (a)     Where the operator has not changed the operation of the hostel pursuant to subclause (3) within the time frame specified by the Secretary so that the operator is no longer in breach of these General Conditions the Secretary may by notice in writing:

 

(i)      suspend payments of recurrent subsidy under Part III of the Act in respect of permanent residents and/or Respite care residents admitted to the hostel subsequent to notice in writing by the Secretary to so suspend; and/or

 

(ii)      suspend payment of recurrent subsidy under Part III of the Act in respect of all permanent residents and/or Respite care residents.

 

            (b)     Where the operator has breached these General Conditions, where the breach consisted of claims for payment of financial assistance in respect of ineligible or fictitious persons, the amounts of recurrent subsidy under Part III of the Act received by the operator for those residents from the time of the breach is repayable to the Commonwealth by the operator. In such a case the Commonwealth may reduce the amount of any future payment of recurrent subsidy payable by the Commonwealth to the operator by the amount of any monies so repayable by the operator to the Commonwealth; and

 

            (c)     Where the operator has breached these General Conditions, where the breach consisted of the use of recurrent subsidy under Part III of the Act for purposes other than those permitted by these General ­Conditions, an amount equal to those monies is repayable to the Commonwealth by the operator. In such a case the Commonwealth may reduce the amount of any future payment of recurrent subsidy payable by the Commonwealth to the operator by the amount of any monies so repayable by the operator to the Commonwealth.

 

(5)        On the operator changing the operation of the hostel pursuant to subclause (3) so that the operator is no longer in breach of these General Conditions any sanction imposed under  paragraph (4) (a) ceases to have effect from that date.

PART VI: MISCELLANEOUS

 

15.       ADMINISTRATIVE

 

(1)        In this clause the word resident means a resident occupying an approved place only.

 

Resident Records to be Kept

 

(2)        Separate records must be maintained in respect of each resident, the hostel care services and personal care services that each resident receives, and the occupation of approved Respite care places by a resident. The records must be kept for a period of five years from the date of the resident’s departure or death.

 

Notification of Entry of Residents

 

(3)        The operator must notify the Department on the claim form the name and personal particulars of any new resident, as set out in the claim form.

 

Indemnity in Favour of Commonwealth

 

(4)        The operator releases and indemnifies the Commonwealth, its officers, servants and agents from and against any and all liability (howsoever occurring) for, and in respect of, any and all injury, loss or damage arising out of, or as a result of, or in connection with, the operation of the hostel including the cost to the Commonwealth of defending or settling any claim.

 

Insurance

 

(5)        (a)     The operator must take out and maintain for the period the operator receives Commonwealth financial assistance, public liability insurance for an amount not less than $5 million in respect of any liability of the operator that may arise out of the provision of the hostel care and personal care services.

 

            (b)     The operator must insure and keep insured the property for it  replacement value.

 

16.       LAW APPLICABLE

These General Conditions shall be interpreted and construed in accordance with the laws of the Australian Capital Territory.

 

17.       STATE BENEFITS

 

If a resident is in receipt of a benefit under State legislation, these General Conditions do not deny the resident that benefit.

 

18.       EXTENSIONS TO A HOSTEL

 

Prior to undertaking any alteration or extension of an existing hostel with a view to seeking additional recurrent subsidy in respect of the hostel, operators must apply for, and obtain, a certificate of Approval‑in‑Principle under subsection 9AB (7) or (9) of the Act in respect of that proposed alteration or extension.

 


Notes to the Determination No. ADPCA 10F 3/1995

Note 1

The Determination No. ADPCA 10F 3/1995 (in force under section 10F of the Aged or Disabled Persons Care Act 1954) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Year and
Number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Determination No. ADPCA 10F 3/1995
(F2009B00257)

1 Dec 1995 (see Gazette1995, No. P40)

1 Dec 1995

 

Determination No. ADPCA 10F 1/1996
(F2009B00259)

30 Jan 1996 (see Gazette 1996, No. S33)

30 Jan 1996

Determination No. ADPCA 10F 2/1996
(F2009B00258)

3 July 1996 (see Gazette 1996, No. GN26)

8 July 1996

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

C. 5..........................................

am. 1996 No. 2

C. 11........................................

am. 1996 No. 1