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User Rights Principles 2014

Authoritative Version
  • - F2016C00919
  • In force - Superseded Version
  • View Series
Principles as amended, taking into account amendments up to Aged Care Legislation Amendment (Increasing Consumer Choice) Principles 2016
These principles set out the responsibilities of approved providers in providing residential or home care services. The principles deal with security of tenure for care recipients, access for persons acting for care recipients, and the information the provider must give care recipients in particular situations. The principles also describe the rights and responsibilities of recipients of both residential care and home care.
Administered by: Health
Registered 18 Oct 2016
Start Date 24 Sep 2016
End Date 26 Feb 2017

User Rights Principles 2014

made under section 96‑1 of the

Aged Care Act 1997

Compilation No. 4

Compilation date:                              24 September 2016

Includes amendments up to:            F2016L01492

Registered:                                         18 October 2016

 

About this compilation

This compilation

This is a compilation of the User Rights Principles 2014 that shows the text of the law as amended and in force on 24 September 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name of principles........................................................................................................ 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

Part 2—Residential care services                                                                                                            2

Division 1—Purpose of this Part                                                                                                       2

5............ Purpose of this Part....................................................................................................... 2

Division 2—Responsibilities of approved providers of residential care—general 3

6............ Security of tenure—when approved provider may ask or require care recipient to leave residential care service     3

7............ Security of tenure—notice requirements........................................................................ 4

8............ Access to residential care service by people acting for care recipients, advocates and community visitors               5

9............ Rights and responsibilities of care recipients provided with residential care.................. 5

10.......... Other responsibilities—restrictions on moving care recipient within residential care service   5

Division 3—Responsibilities of approved providers of residential care—provision of information      7

11.......... Information to be given to new care recipient about rights and responsibilities............. 7

12.......... Statement of audited accounts........................................................................................ 7

13.......... Information to be given to continuing residential care recipient moving between services       8

Division 4—Resident agreements                                                                                                     9

14.......... Entry into resident agreement........................................................................................ 9

15.......... Provisions of resident agreement................................................................................... 9

Part 3—Home care services                                                                                                                      11

Division 1—Purpose of this Part                                                                                                     11

16.......... Purpose of this Part..................................................................................................... 11

Division 2—Responsibilities of approved providers of home care—general          12

17.......... Security of tenure........................................................................................................ 12

18.......... Access to home care service by advocates................................................................... 12

19.......... Rights and responsibilities of care recipients provided with home care....................... 12

Division 3—Responsibilities of approved providers of home care—provision of information 13

20.......... Information to be given to new care recipient about rights and responsibilities........... 13

21.......... Information to be given to continuing home care recipient to be provided with new home care service   13

21A....... Individualised budget to be given to care recipient...................................................... 14

21B....... Monthly statement of available funds and expenditure to be given to care recipient.... 15

Division 4—Home care agreements                                                                                              16

22.......... Entry into home care agreement................................................................................... 16

23.......... Provisions of home care agreement............................................................................. 16

Part 3A—Flexible care services                                                                                                             19

Division 1—Purpose of this Part                                                                                                     19

23AA.... Purpose of this Part..................................................................................................... 19

Division 2—Responsibilities of approved providers of flexible care—general      20

23AB.... Maximum amount that may be charged for care and services—short‑term restorative care      20

23AC.... Access by advocates to flexible care service—short‑term restorative care................... 20

23AD.... Rights and responsibilities of care recipients—short‑term restorative care.................. 20

Division 3—Responsibilities of approved providers of flexible care—provision of information             21

23AE..... Information to be given to new care recipient about rights and responsibilities—short‑term restorative care           21

Division 4—Flexible care agreements                                                                                          22

23AF..... Entry into flexible care agreement—short‑term restorative care................................... 22

23AG.... Provisions of flexible care agreement—short‑term restorative care............................. 22

Part 4—Miscellaneous                                                                                                                                 24

24.......... Access to complaints resolution mechanism................................................................ 24

Part 5—Transitional provisions                                                                                                             25

Division 1—Transitional provisions relating to the User Rights Amendment (Consumer Directed Care) Principles 2015                                                                                                               25

25.......... Individualised budgets for care recipients being provided with home care.................. 25

26.......... Home care agreements................................................................................................. 25

Division 2—Transitional provisions relating to the Aged Care Legislation Amendment (Increasing Consumer Choice) Principles 2016                                                                     26

27.......... Meaning of Amending Principles................................................................................ 26

28.......... Application of amendments made by Part 1 of Schedule 1 to the Amending Principles 26

29.......... Transitional provision in relation to published exit amounts........................................ 26

Schedule 1—Charter of care recipients’ rights and responsibilities—residential care                                                                                                                                                   27

1............ Care recipients’ rights—residential care...................................................................... 27

2............ Care recipients’ responsibilities—residential care........................................................ 28

Schedule 2—Charter of care recipients’ rights and responsibilities—home care            29

1............ Care recipients’ rights—home care.............................................................................. 29

2............ Care recipients’ responsibilities—home care............................................................... 31

Schedule 3—Charter of care recipients’ rights and responsibilities—short‑term restorative care                                                                                                          33

Part 1—Short‑term restorative care provided in a residential care setting                33

1............ Application of this Part................................................................................................ 33

2............ Care recipients’ rights.................................................................................................. 33

3............ Care recipients’ responsibilities................................................................................... 34

Part 2—Short‑term restorative care provided in a home care setting                           35

4............ Application of this Part................................................................................................ 35

5............ Care recipients’ rights.................................................................................................. 35

6............ Care recipients’ responsibilities................................................................................... 37

Endnotes                                                                                                                                                               38

Endnote 1—About the endnotes                                                                                                      38

Endnote 2—Abbreviation key                                                                                                          39

Endnote 3—Legislation history                                                                                                       40

Endnote 4—Amendment history                                                                                                     41

 


Part 1Preliminary

  

1  Name of principles

                   These principles are the User Rights Principles 2014.

3  Authority

                   These principles are made under section 96‑1 of the Aged Care Act 1997.

4  Definitions

                   In these principles:

Act means the Aged Care Act 1997.

agreed fee, for a care recipient and an approved provider, means a fee, charge or other payment that is:

                     (a)  agreed between the care recipient and the approved provider; and

                     (b)  not prohibited under the Act.

agreement exit amount has the meaning given by paragraph 23(2)(cba).

flexible care agreement means an agreement referred to in Division 4 of Part 3A.

home care setting has the meaning given by section 4 of the Subsidy Principles 2014.

residential care setting has the meaning given by section 4 of the Subsidy Principles 2014.

short‑term restorative care has the meaning given by section 4 of the Subsidy Principles 2014.

Note:          A number of expressions used in these principles are defined in the Act, including the following:

(a)    continuing home care recipient;

(b)    continuing residential care recipient;

(c)    home care agreement;

(d)    personal information;

(e)    resident agreement.

Part 2Residential care services

Division 1Purpose of this Part

5  Purpose of this Part

             (1)  For section 56‑1 of the Act, this Part specifies responsibilities of an approved provider of a residential care service in relation to care recipients to whom the provider provides, or is to provide, residential care, including in relation to the following:

                     (a)  the security of tenure that the provider must provide to care recipients for their place in the service (see paragraph 56‑1(f) of the Act);

                     (b)  the access that persons acting for care recipients, advocates or community visitors may have to the service (see paragraphs 56‑1(k) and (l) of the Act);

                     (c)  the rights and responsibilities of care recipients (see paragraph 56‑1(m) of the Act);

                     (d)  restrictions on moving care recipients (see paragraph 56‑1(n) of the Act);

                     (e)  the information the provider must give care recipients (see paragraph 56‑1(n) of the Act).

             (2)  This Part also specifies, for subsection 59‑1(2) of the Act, requirements that a resident agreement entered into between a care recipient and an approved provider must comply with.

Division 2Responsibilities of approved providers of residential care—general

6  Security of tenure—when approved provider may ask or require care recipient to leave residential care service

             (1)  For paragraph 56‑1(f) of the Act, this section specifies the security of tenure that an approved provider of a residential care service must provide to a care recipient for the recipient’s place in the service.

Note:          The circumstances in which a care recipient may be asked to depart from a residential care service must be specified in a resident agreement between the care recipient and the approved provider of the service (see paragraph 59‑1(1)(e) and subsection 59‑1(3) of the Act).

Circumstances in which approved provider may ask care recipient to leave residential care service

             (2)  The approved provider may ask the care recipient to leave the residential care service only if:

                     (a)  the residential care service is closing; or

                     (b)  the residential care service no longer provides accommodation and care suitable for the care recipient, having regard to the care recipient’s long‑term needs as assessed in accordance with subsection (4), and the approved provider has not agreed to provide care of the kind that the care recipient presently needs; or

                     (c)  the care recipient no longer needs the care provided through the residential care service, as assessed by an aged care assessment team; or

                     (d)  the care recipient has not paid any agreed fee to the approved provider within 42 days after the day when it is payable, for a reason within the care recipient’s control; or

                     (e)  the care recipient has intentionally caused:

                              (i)  serious damage to the residential care service; or

                             (ii)  serious injury to staff of the approved provider, or to another care recipient; or

                      (f)  the care recipient is away from the residential care service for a continuous period of at least 7 days for a reason other than:

                              (i)  a reason permitted by the Act; or

                             (ii)  an emergency.

Suitable accommodation to be available before care recipient can be required to leave residential care service

             (3)  The approved provider must not take action to make the care recipient leave the residential care service, or imply that the care recipient must leave the service, before suitable alternative accommodation is available that:

                     (a)  meets the care recipient’s long‑term needs as assessed in accordance with subsection (4); and

                     (b)  is affordable by the care recipient.

Assessing the care recipient’s long‑term needs

             (4)  For paragraphs (2)(b) and (3)(a), the long‑term needs of the care recipient must be assessed by:

                     (a)  an aged care assessment team; or

                     (b)  at least 2 medical or other health practitioners who meet the following criteria:

                              (i)  one must be independent of the approved provider and the residential care service, and must be chosen by the care recipient;

                             (ii)  both must be competent to assess the aged care needs of the care recipient.

7  Security of tenure—notice requirements

Notice to be given if care recipient asked to leave residential care service

             (1)  If an approved provider of a residential care service decides to ask a care recipient to leave the service, the approved provider must give the care recipient a written notice stating the following information:

                     (a)  the decision;

                     (b)  the reasons for the decision;

                     (c)  when the care recipient is to leave;

                     (d)  the care recipient’s rights in relation to being asked to leave the residential care service, including the right to access:

                              (i)  the approved provider’s complaints resolution mechanism; and

                             (ii)  any other mechanisms available to address complaints; and

                            (iii)  people acting for bodies that have been paid advocacy grants.

Note:          For complaints resolution mechanisms, see section 56‑4 of the Act.

             (2)  The approved provider must give the notice to the care recipient at least 14 days before the care recipient is to leave.

Notice to be given if care recipient no longer required to leave residential care service

             (3)  If:

                     (a)  the decision to require the care recipient to leave the residential care service was based on the care recipient’s behaviour; and

                     (b)  the approved provider has given the care recipient a notice under subsection (1); and

                     (c)  after giving the notice, the approved provider has agreed with the care recipient that, because of a change in the behaviour, the care recipient should not be required to leave the service;

then the approved provider must give the care recipient a written notice stating that the care recipient is no longer required to leave the residential care service.

8  Access to residential care service by people acting for care recipients, advocates and community visitors

Access by people acting for care recipients

             (1)  For paragraph 56‑1(k) of the Act, if a care recipient in a residential care service has asked a person to act for the care recipient, the approved provider of the service must allow the person access to the service at any time.

Access by advocates and community visitors

             (2)  For paragraph 56‑1(l) of the Act, an approved provider of a residential care service must allow a person mentioned in subsection (3) access to the service:

                     (a)  during normal business hours; or

                     (b)  if a care recipient to whom the provider provides residential care has asked the person to assist the care recipient—at any time.

             (3)  For subsection (2), the persons are the following:

                     (a)  a person acting as an advocate for a body that has been paid an advocacy grant;

                     (b)  a person acting as a community visitor for a body that has been paid a community visitors grant.

9  Rights and responsibilities of care recipients provided with residential care

                   For paragraph 56‑1(m) of the Act, the rights and responsibilities of a care recipient who is being provided with, or is to be provided with, residential care include the rights and responsibilities mentioned in the “Charter of care recipients’ rights and responsibilities—residential care” set out in Schedule 1.

Note:          An approved provider must not act in a way which is inconsistent with any rights and responsibilities of care recipients specified in these principles—see paragraph 56‑1(m) of the Act.

10  Other responsibilities—restrictions on moving care recipient within residential care service

             (1)  An approved provider of a residential care service must not move a care recipient to another room, or part of a room, in the residential care service unless:

                     (a)  the move is at the care recipient’s request; or

                     (b)  the care recipient agrees to the move after being fully consulted and without being subjected to any pressure; or

                     (c)  the move is necessary on genuine medical grounds as assessed by:

                              (i)  an aged care assessment team; or

                             (ii)  at least 2 medical or other health practitioners who meet the criteria mentioned in subsection (2); or

                     (d)  the place occupied by the care recipient becomes an extra service place and the care recipient elects not to pay the extra service fee; or

                     (e)  the move is necessary to carry out repairs or improvements to the premises where the residential care service operates and the care recipient has the right to return to the room, or the part of the room, if it continues to exist as a room, or part of a room, for care recipients when the repairs or improvements are finished.

Note:          These principles may specify other responsibilities of an approved provider—see paragraph 56‑1(n) of the Act.

             (2)  For subparagraph (1)(c)(ii), the criteria are:

                     (a)  one practitioner must be independent of the approved provider and the residential care service, and must be chosen by the care recipient; and

                     (b)  both practitioners must be competent to assess the aged care needs of the care recipient.

Division 3Responsibilities of approved providers of residential care—provision of information

11  Information to be given to new care recipient about rights and responsibilities

             (1)  An approved provider of a residential care service must give a care recipient information about:

                     (a)  the care recipient’s rights and responsibilities in relation to the service under:

                              (i)  the “Charter of care recipients’ rights and responsibilities—residential care” set out in Schedule 1; and

                             (ii)  this Part; and

                     (b)  if the care recipient has not entered into a resident agreement—the matters mentioned in paragraphs 59‑1(1)(b) to (h) (requirements for resident agreements) of the Act.

Note:          The approved provider is also required to give information to the care recipient, before the care recipient enters the service, about accommodation payments and accommodation contributions (see section 52F‑1 of the Act and Division 1 of Part 4 of the Fees and Payments Principles 2014 (No. 2)).

             (2)  The information must be given before, or when, the care recipient enters the service.

             (3)  The approved provider must assist the care recipient to understand the information.

12  Statement of audited accounts

             (1)  If Division 5 (Disclosure Standard) of Part 5 of the Fees and Payments Principles 2014 (No. 2) does not apply to the approved provider of a residential care service, the provider must, if asked, give a care recipient a copy of:

                     (a)  the most recent statement of the audited accounts of the approved provider’s residential care service; or

                     (b)  if the residential care service is operated as part of a broader organisation—the most recent statement of the audited accounts of the organisation’s aged care component (that includes the residential care service).

             (2)  The approved provider is taken to have satisfied the requirement in subsection (1) if:

                     (a)  Division 2 of Part 4 (which deals with financial reports) of the Accountability Principles 2014 applies in relation to the approved provider; and

                     (b)  the approved provider gives the care recipient a copy of the most recent audited financial report prepared under that Division.

13  Information to be given to continuing residential care recipient moving between services

             (1)  If a continuing residential care recipient intends to move to another residential care service (the new service), the approved provider for the new service must give notice in writing of the following to the care recipient:

                     (a)  that, if the care recipient enters the new service within 28 days after leaving the previous residential care service:

                              (i)  the care recipient may make a written choice before entering the new service, in accordance with Part 8 of the Fees and Payments Principles 2014 (No. 2), to be covered by the fees and payments arrangements under Chapter 3A of the Act (the new arrangements) in relation to the new service; and

                             (ii)  the care recipient cannot make a choice to be covered by the new arrangements, after entering the new service, if the care recipient has not made that choice before entering the new service;

                     (b)  that, if the care recipient enters the new service 28 days or more after leaving the previous residential care service, the care recipient:

                              (i)  cannot make the written choice mentioned in subparagraph (a)(i); and

                             (ii)  will be covered by the new arrangements in relation to the new service;

                     (c)  that, if the care recipient can, but does not, make a written choice to be covered by the new arrangements, the care recipient will be covered by the fees and payments arrangements (the existing arrangements) under the Aged Care (Transitional Provisions) Act 1997;

                     (d)  that being covered by the new arrangements may result in a change to the fees and payments payable by the care recipient;

                     (e)  that, if the care recipient becomes covered by the new arrangements, the care recipient cannot, in the future, decide to be again covered by the existing arrangements.

             (2)  The approved provider must give the care recipient a copy of the document titled “New Arrangements for Aged Care—from 1 July 2014”, published by the Department, as it exists on 1 July 2014.

Division 4Resident agreements

14  Entry into resident agreement

             (1)  For paragraph 59‑1(2)(a) of the Act, this section specifies requirements that a resident agreement between a care recipient and an approved provider must comply with in relation to the way in which, and the process by which, the agreement is entered into.

Note:          If a care recipient, or a person proposing to enter a residential care service, is unable to enter into a resident agreement, another person representing the care recipient or person may enter into the agreement on behalf of the care recipient or person (see section 96‑5 of the Act).

             (2)  The care recipient must be informed of, and helped to understand, the terms of the resident agreement (including any other agreements included in the resident agreement), in particular the terms about the following:

                     (a)  the care recipient’s rights and responsibilities;

                     (b)  the services to be provided to the care recipient;

                     (c)  the fees and other charges to be paid under the agreement.

15  Provisions of resident agreement

             (1)  For paragraph 59‑1(2)(c) of the Act, this section specifies provisions that a resident agreement between a care recipient and an approved provider must contain.

             (2)  A resident agreement must provide that if, within 14 days after signing, the care recipient notifies the provider, in writing, that the care recipient wishes to withdraw from the agreement:

                     (a)  the agreement has no effect; and

                     (b)  the care recipient is liable for the fees and charges payable for any period when the care recipient was provided with care through the residential care service under the agreement; and

                     (c)  the provider is liable to refund any other amount paid by the care recipient under the agreement.

             (3)  A resident agreement must provide:

                     (a)  that the agreement may be varied:

                              (i)  by the approved provider, if the variation is necessary to implement the A New Tax System (Goods and Services Tax) Act 1999; or

                             (ii)  in any other case, by mutual consent, following adequate consultation, between the care recipient and the approved provider; and

                     (b)  that the agreement must not be varied under subparagraph (a)(i) by the provider unless the provider has given reasonable notice in writing about the variation to the care recipient; and

                     (c)  that the agreement must not be varied in a way that is inconsistent with the A New Tax System (Goods and Services Tax) Act 1999, the Aged Care Act 1997 or the Extra Service Principles 2014.

             (4)  A resident agreement must provide that the care recipient has a right to occupy a place at the residential care service:

                     (a)  beginning on the day the agreement takes effect or a later day stated in the agreement; and

                     (b)  for the period stated in the agreement or for the remainder of the care recipient’s lifetime.

             (5)  A resident agreement must include any other matters negotiated between the approved provider and the care recipient.

Note:          A resident agreement may incorporate the terms of other agreements, including any of the following:

(a)    an extra service agreement (see subsection 36‑1(2) of the Act);

(b)    an accommodation agreement (see section 52F‑6 of the Act);

(c)    an accommodation bond agreement (see section 57‑10 of the Aged Care (Transitional Provisions) Act 1997);

(d)    an accommodation charge agreement (see section 57A‑4 of the Aged Care (Transitional Provisions) Act 1997).

             (6)  A resident agreement must be expressed in plain language and be readily understandable by the care recipient.

Part 3Home care services

Division 1Purpose of this Part

16  Purpose of this Part

             (1)  For section 56‑2 of the Act, this Part specifies responsibilities of an approved provider of a home care service in relation to care recipients to whom the approved provider provides, or is to provide, home care, including in relation to the following:

                     (a)  the security of tenure that the provider must provide to care recipients for their place in the service (see paragraph 56‑2(f) of the Act);

                     (b)  the access that an advocate may have to the service (see paragraph 56‑2(j) of the Act);

                     (c)  the rights and responsibilities of care recipients (see paragraph 56‑2(k) of the Act);

                     (d)  the information the provider must give care recipients (see paragraph 56‑2(l) of the Act).

             (2)  This Part also specifies, for subsection 61‑1(2) of the Act, requirements that a home care agreement entered into between a care recipient and an approved provider must comply with.

Division 2Responsibilities of approved providers of home care—general

17  Security of tenure

             (1)  For paragraph 56‑2(f) of the Act, this section specifies the security of tenure that an approved provider of a home care service must provide to a care recipient.

             (2)  The approved provider may cease to provide home care to the care recipient only if:

                     (a)  the care recipient cannot be cared for in the community with the resources available to the approved provider; or

                     (b)  the care recipient notifies the approved provider, in writing, that the care recipient wishes to move to a location where home care is not provided by the provider; or

                     (c)  the care recipient notifies the approved provider, in writing, that the care recipient no longer wishes to receive the home care; or

                     (d)  the care recipient’s condition changes to the extent that:

                              (i)  the care recipient no longer needs home care; or

                             (ii)  the care recipient’s needs, as assessed by an aged care assessment team, can be more appropriately met by other types of services or care; or

                     (e)  the care recipient has not met his or her responsibilities, as described in the “Charter of care recipients’ rights and responsibilities—home care” set out in Schedule 2, for a reason within the care recipient’s control.

18  Access to home care service by advocates

                   For paragraph 56‑2(j) of the Act, an approved provider of a home care service must allow a person acting as an advocate for a body that has been paid an advocacy grant access to the provider’s home care service.

19  Rights and responsibilities of care recipients provided with home care

                   For paragraph 56‑2(k) of the Act, the rights and responsibilities of a care recipient who is being provided with, or is to be provided with, home care include the rights and responsibilities mentioned in the “Charter of care recipients’ rights and responsibilities—home care” set out in Schedule 2.

Note:          An approved provider must not act in a way which is inconsistent with any rights and responsibilities of care recipients specified in these principles—see paragraph 56‑2(k) of the Act.

Division 3Responsibilities of approved providers of home care—provision of information

20  Information to be given to new care recipient about rights and responsibilities

             (1)  An approved provider of a home care service must give a prospective care recipient information about the rights and responsibilities of the care recipient and provider, including the care recipient’s rights and responsibilities about the payment of home care fees.

             (2)  The information must be given before confirmation of the date for the start of the home care.

             (3)  The approved provider must assist the care recipient to understand the information.

21  Information to be given to continuing home care recipient to be provided with new home care service

             (1)  If a continuing home care recipient intends to move to another home care service (the new service), the approved provider for the new service must give notice in writing of the following to the care recipient:

                     (a)  that, if the care recipient moves to the new service within 28 days after leaving the previous home care service:

                              (i)  the care recipient may make a written choice before moving to the new service, in accordance with Part 8 of the Fees and Payments Principles 2014 (No. 2), to be covered by the fee arrangements under Chapter 3A of the Act (the new arrangements) in relation to the new service; and

                             (ii)  the care recipient cannot make a choice to be covered by the new arrangements, after moving to the new service, if the care recipient has not made that choice before moving to the new service;

                     (b)  that, if the care recipient moves to the new service 28 days or more after leaving the previous home care service, the care recipient:

                              (i)  cannot make a written choice mentioned in subparagraph (a)(i); and

                             (ii)  will be covered by the new arrangements in relation to the new service;

                     (c)  that, if the care recipient can, but does not, make a written choice to be covered by the new arrangements, the care recipient will be covered by the fee arrangements (the existing arrangements) under the Aged Care (Transitional Provisions) Act 1997;

                     (d)  that being covered by the new arrangements may result in a change to the fees payable by the care recipient;

                     (e)  that, if the care recipient becomes covered by the new arrangements, the care recipient cannot, in the future, decide to be again covered by the existing arrangements.

             (2)  The approved provider must give the care recipient a copy of the document titled “New Arrangements for Aged Care—from 1 July 2014”, published by the Department, as it exists on 1 July 2014.

21A  Individualised budget to be given to care recipient

             (1)  An approved provider of a home care service must give a written individualised budget to each care recipient.

             (2)  The individualised budget for a care recipient must:

                     (a)  be prepared in partnership with the care recipient; and

                     (b)  be prepared having regard to the care recipient’s goals and assessed needs, preferences, the resources available and the services selected by the care recipient; and

                     (c)  set out an itemised budget for the home care to be provided to the care recipient, as set out in the care recipient’s care plan; and

                     (d)  set out:

                              (i)  the amount of home care subsidy payable to the approved provider for the care recipient in respect of the period agreed between the care recipient and the provider; and

                             (ii)  the maximum amount of home care fees payable by the care recipient in respect of that period.

Note 1:       The amount of home care subsidy payable to the approved provider for the care recipient in respect of a payment period (that is a calendar month) is worked out under section 48‑1 of the Act or section 48‑1 of the Aged Care (Transitional Provisions) Act 1997 (as the case requires).

Note 2:       The maximum amount of home care fees payable by the care recipient is worked out under Division 52D of the Act, or Division 60 of the Aged Care (Transitional Provisions) Act 1997 and section 130 of the Aged Care (Transitional Provisions) Principles 2014 (as the case requires).

             (3)  The approved provider must give the individualised budget to the care recipient as soon as practicable after the approved provider has all the necessary information to complete it.

             (4)  The approved provider must review and, if necessary, revise the individualised budget for the care recipient if:

                     (a)  a change to the care and services to be provided to the care recipient through the home care service is proposed; or

                     (b)  the costs of providing the care and services change; or

                     (c)  the care recipient requests the approved provider to do so.

             (5)  If the approved provider reviews and revises the individualised budget for a care recipient under subsection (4), the approved provider must give the care recipient a copy of the revised individualised budget.

             (6)  If the individualised budget for a care recipient is reviewed and revised in response to a request from the care recipient under paragraph (4)(c), the approved provider must give the care recipient a copy of the revised individualised budget within 14 days of the request being made.

             (7)  The care recipient must be informed of, and helped to understand, the individualised budget for the care recipient.

21B  Monthly statement of available funds and expenditure to be given to care recipient

             (1)  An approved provider of a home care service must give each care recipient to whom the provider provides home care at any time during a month starting on or after 1 July 2015 a written statement (a monthly statement) of the available funds and the expenditure in respect of the home care provided to the care recipient during the month.

             (2)  A monthly statement must specify the following:

                     (a)  the amount of home care subsidy paid or payable to the approved provider for the care recipient in respect of the month;

                     (b)  the total amount of home care fees paid or payable by the care recipient in respect of the month;

                     (c)  the total amount paid or payable by the approved provider in respect of the home care provided to the care recipient during the month;

                     (d)  an itemised list of the care and services provided to the care recipient during the month and the total amount paid or payable in relation to each kind of care or service;

                     (e)  the total amount (if any) of the funds received or to be received in respect of any previous month for the provision of home care to the care recipient that have not been spent;

                      (f)  that any amount of home care fees paid by the care recipient to the approved provider that has not been spent, and that is not refundable under paragraph 52D‑1(2)(d) of the Act and section 13 of the Fees and Payments Principles 2014 (No. 2), will not be refunded to the care recipient if the provider ceases to provide home care to the care recipient.

             (3)  The approved provider must give a monthly statement to the care recipient as soon as practicable after the approved provider has all the necessary information to complete it.

             (4)  The care recipient must be informed of, and helped to understand, a monthly statement given to the care recipient.

Division 4Home care agreements

22  Entry into home care agreement

             (1)  For paragraph 61‑1(2)(a) of the Act, this section specifies requirements that a home care agreement between a care recipient and an approved provider must comply with in relation to the way in which, and the process by which, the agreement is entered into.

Note:          If a care recipient, or a person proposing to receive care from a home care service, is unable to enter into a home care agreement, another person representing the care recipient or person may enter into the agreement on behalf of the care recipient or person (see section 96‑5 of the Act).

             (2)  The approved provider of a home care service must offer a home care agreement to a prospective care recipient before a date for the start of the provision of home care is agreed.

             (3)  The care recipient must be informed of, and helped to understand, the terms of the home care agreement, in particular the terms about the following:

                     (a)  the care recipient’s rights and responsibilities;

                     (b)  the services to be provided to the care recipient;

                     (c)  the fees and other charges to be paid under the agreement.

23  Provisions of home care agreement

             (1)  For paragraph 61‑1(2)(c) of the Act, this section specifies provisions that a home care agreement between a care recipient and an approved provider must contain.

             (2)  A home care agreement must contain the following:

                     (a)  the date when the provider will start to provide home care to the care recipient;

                     (b)  statements specifying:

                              (i)  that the home care will be delivered on a consumer directed care basis; and

                             (ii)  the care and services that the care recipient will receive; and

                            (iii)  the level of home care to be provided; and

                            (iv)  the care recipient’s rights in relation to decisions about the care and services that are to be provided; and

                             (v)  that the provider will give a care plan and an individualised budget, and any changes to those documents, to the care recipient;

                     (c)  for a care recipient other than a continuing home care recipient—a statement setting out which fees (if any), referred to in Division 52D of the Act, the provider will charge the care recipient;

                    (ca)  for a continuing home care recipient—a statement:

                              (i)  that the provider may charge the care recipient home care fees in accordance with Division 60 of the Aged Care (Transitional Provisions) Act 1997; and

                             (ii)  setting out which fee (if any), as determined in accordance with section 130 of the Aged Care (Transitional Provisions) Principles 2014, the provider will charge;

                   (cb)  a statement that the provider will give the care recipient a statement of the available funds and the expenditure in respect of each month for the care and services provided to the care recipient during the month;

                  (cba)  if the provider intends to deduct, on or after 27 February 2017, an exit amount in working out the care recipient’s unspent home care amount when the provider ceases to provide home care to the care recipient—a statement of the maximum exit amount (the agreement exit amount) that may be deducted under the agreement;

                    (cc)  a statement that any amount of home care fees paid by the care recipient to the approved provider that has not been spent, and that is not refundable under paragraph 52D‑1(2)(d) of the Act and section 13 of the Fees and Payments Principles 2014 (No. 2), will not be refunded to the care recipient if the provider ceases to provide home care to the care recipient;

                     (d)  provision for financial information to be given to the care recipient about the home care that the care recipient will receive, including a statement that the approved provider must, within 7 days after a request by the care recipient, give the care recipient:

                              (i)  a clear and simple presentation of the financial position of the home care service, including the costs of home care, that explains any ongoing fees payable by the care recipient; and

                             (ii)  a copy of the most recent statement of the audited accounts of the approved provider’s home care service or, if the home care service is operated as part of a broader organisation, the most recent statement of the audited accounts of the organisation’s aged care component (that includes the home care service);

                     (e)  a guarantee that all reasonable steps will be taken to protect the confidentiality, so far as legally permissible, of information provided by the care recipient, and details of the use of the information that is to be made by:

                              (i)  the provider; and

                             (ii)  each person or body to whom the information is disclosed by the provider;

                      (f)  a statement that the care recipient may suspend, on a temporary basis, the provision of the home care, from a particular date;

                     (g)  the conditions under which either party may terminate the provision of home care.

Note:          For the suspension of home care services mentioned in paragraph (f), see section 46‑2 of the Act.

             (3)  A home care agreement must provide:

                     (a)  that the agreement may be varied:

                              (i)  by the approved provider, if the variation is necessary to implement the A New Tax System (Goods and Services Tax) Act 1999; or

                             (ii)  in any other case, by mutual consent, following adequate consultation, of the care recipient and approved provider; and

                     (b)  that the agreement must not be varied under subparagraph (a)(i) by the provider unless the provider has given reasonable notice in writing about the variation to the care recipient; and

                     (c)  that the agreement must not be varied in a way that is inconsistent with the A New Tax System (Goods and Services Tax) Act 1999, the Aged Care Act 1997 or the Extra Service Principles 2014.

             (4)  A home care agreement must:

                     (a)  state that the care recipient is entitled to make, without fear of reprisal, a complaint about the provision of the home care; and

                     (b)  state the mechanisms for making such a complaint.

             (5)  A home care agreement must be expressed in plain language and be readily understandable by the care recipient.

Part 3AFlexible care services

Division 1Purpose of this Part

23AA  Purpose of this Part

                   For section 56‑3 of the Act, this Part specifies responsibilities of an approved provider of a flexible service in relation to care recipients to whom the approved provider provides, or is to provide, flexible care in the form of short‑term restorative care, including in relation to the following:

                     (a)  the maximum amount that an approved provider may charge for the provision of care and services (see paragraph 56‑3(a) of the Act);

                     (b)  the access that an advocate may have to the service (see paragraph 56‑3(k) of the Act);

                     (c)  the rights and responsibilities of care recipients (see paragraph 56‑3(l) of the Act);

                     (d)  the information the provider must give care recipients (see paragraph 56‑3(m) of the Act);

                     (e)  flexible care agreements in respect of short‑term restorative care (see paragraph 56‑3(m) of the Act).

Division 2Responsibilities of approved providers of flexible care—general

23AB  Maximum amount that may be charged for care and services—short‑term restorative care

             (1)  For paragraph 56‑3(a) of the Act, this section specifies the maximum amount that an approved provider may charge for the provision of care and services in respect of flexible care in the form of short‑term restorative care.

             (2)  If the short‑term restorative care is provided in a residential care setting, the maximum amount is the amount obtained by rounding down to the nearest cent the amount equal to 85% of the basic age pension amount (worked out on a per day basis).

             (3)  If the short‑term restorative care is provided in a home care setting, the maximum amount is the amount obtained by rounding down to the nearest cent the amount equal to 17.5% of the basic age pension amount (worked out on a per day basis).

23AC  Access by advocates to flexible care service—short‑term restorative care

                   For paragraph 56‑3(k) of the Act, an approved provider of a flexible care service through which short‑term restorative care is provided must allow a person acting as an advocate for a body that has been paid an advocacy grant access to the provider’s flexible care service.

23AD  Rights and responsibilities of care recipients—short‑term restorative care

                   For paragraph 56‑3(l) of the Act, the rights and responsibilities of a care recipient who is being provided with, or is to be provided with, short‑term restorative care include the rights and responsibilities mentioned in the “Charter of care recipients’ rights and responsibilities—short term restorative care” set out in Schedule 3.

Note:          An approved provider must not act in a way which is inconsistent with any rights and responsibilities of care recipients specified in these principles—see paragraph 56‑3(l) of the Act.

Division 3Responsibilities of approved providers of flexible care—provision of information

23AE  Information to be given to new care recipient about rights and responsibilities—short‑term restorative care

             (1)  An approved provider of a flexible care service through which short‑term restorative care is provided must give a prospective care recipient information about the rights and responsibilities of the care recipient and provider.

             (2)  The information must be given before confirmation of the date for the start of the short‑term restorative care.

             (3)  The approved provider must assist the care recipient to understand the information.

Division 4Flexible care agreements

23AF  Entry into flexible care agreement—short‑term restorative care

             (1)  An approved provider of a flexible care service through which short‑term restorative care is to be provided must offer a flexible care agreement to a prospective care recipient before a date for the start of the provision of short‑term restorative care is agreed.

             (2)  The approved provider must ensure that the care recipient is informed of, and helped to understand, the terms of the flexible care agreement, in particular the terms about the following:

                     (a)  the care recipient’s rights and responsibilities;

                     (b)  the services to be provided to the care recipient;

                     (c)  the fees and other charges to be paid under the agreement.

23AG  Provisions of flexible care agreement—short‑term restorative care

             (1)  A flexible care agreement in respect of short‑term restorative care must contain the following:

                     (a)  the care recipient’s goals;

                     (b)  the care and services that the care recipient will receive, in the form of an agreed care plan;

                     (c)  the period for which the care and services will be provided;

                     (d)  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;

                     (e)  a statement of the fees that the care recipient will be liable to pay to the approved provider for the provision of the care and services provided;

                      (f)  a statement that the care recipient may suspend, on a temporary basis for up to 7 days, the provision of the short‑term restorative care, including the circumstances in which the short‑term restorative care may be suspended;

                     (g)  the conditions under which either party may terminate the provision of short‑term restorative care;

                     (h)  the care recipient’s responsibilities as a recipient of the short‑term restorative care.

             (2)  A flexible care agreement in respect of short‑term restorative care must provide:

                     (a)  that the agreement may be varied by mutual consent, following adequate consultation, of the care recipient and approved provider; and

                     (b)  that the agreement must not be varied in a way that is inconsistent with the Aged Care Act 1997 or the Extra Service Principles 2014.

             (3)  A flexible care agreement in respect of short‑term restorative care must:

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

                     (b)  state that the care recipient will also be entitled to make a complaint about the provision of the short‑term restorative care to the Aged Care Complaints Commissioner; and

                     (c)  state that the approved provider will allow authorised complaints officers such access to the approved provider’s flexible care service as the Aged Care Complaints Commissioner considers necessary to investigate and resolve any complaint made to the Commissioner.

             (4)  A flexible care agreement in respect of short‑term restorative care must be expressed in plain language and be readily understandable by the care recipient.

             (5)  A flexible care agreement in respect of short‑term restorative care 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.

Part 4Miscellaneous

  

24  Access to complaints resolution mechanism

                   For paragraph 56‑4(1)(d) of the Act, an approved provider must allow such access to the provider’s aged care service as is necessary to enable an authorised complaints officer to investigate and assist in the resolution of a complaint in relation to the service.

Part 5Transitional provisions

Division 1Transitional provisions relating to the User Rights Amendment (Consumer Directed Care) Principles 2015

25  Individualised budgets for care recipients being provided with home care

Individualised budget given to care recipient before 1 July 2015

             (1)  Subsections (2) and (3) apply in relation to an approved provider of a home care service if:

                     (a)  the approved provider is providing, or is to provide, home care to a care recipient on or after 1 July 2015; and

                     (b)  the approved provider gave a written individualised budget to the care recipient before 1 July 2015.

             (2)  The approved provider is taken to have complied with subsections 21A(1), (2) and (3) in relation to the care recipient.

             (3)  To avoid doubt, subsections 21A(4) to (7) apply in relation to the approved provider and the individualised budget.

Individualised budget not given to care recipient before 1 July 2015

             (4)  Subsection (5) applies in relation to an approved provider of a home care service if:

                     (a)  the approved provider was providing home care to a care recipient before 1 July 2015; and

                     (b)  the approved provider will be continuing to provide home care to the care recipient on or after 1 July 2015; and

                     (c)  the approved provider did not give a written individualised budget to the care recipient before 1 July 2015.

             (5)  The approved provider must comply with subsections 21A(1), (2) and (3) in relation to the care recipient as soon as practicable after 1 July 2015.

26  Home care agreements

                   The amendments of subsection 23(2) of these principles made by items 2, 3 and 4 of Schedule 1 to the User Rights Amendment (Consumer Directed Care) Principles 2015 apply in relation to a home care agreement entered into between a care recipient and an approved provider on or after 1 July 2015.

Division 2Transitional provisions relating to the Aged Care Legislation Amendment (Increasing Consumer Choice) Principles 2016

27  Meaning of Amending Principles

                   In this Division:

Amending Principles means the Aged Care Legislation Amendment (Increasing Consumer Choice) Principles 2016.

28  Application of amendments made by Part 1 of Schedule 1 to the Amending Principles

                   Paragraph 23(2)(cba) (provisions of home care agreement) of these principles, as inserted by Part 1 of Schedule 1 to the Amending Principles, applies in relation to any home care agreements, whether entered into before or after this section commences.

29  Transitional provision in relation to published exit amounts

             (1)  If any home care agreement of an approved provider specifies or is to specify an agreement exit amount before 27 February 2017, the approved provider must give to the Secretary before 27 February 2017, for publication by the Secretary, a written notice of the maximum exit amount that may be deducted by the approved provider in working out any care recipient’s unspent home care amount when the approved provider ceases to provide home care to the care recipient.

             (2)  The notice must be given in a form approved, in writing, by the Secretary.

             (3)  For the purposes of these principles and the Records Principles 2014, after Part 2 of Schedule 1 to the Amending Principles commences, the notice is taken to have been given by the approved provider under section 21J of these principles, as inserted by that Part.

 


Schedule 1Charter of care recipients’ rights and responsibilities—residential care

Note:       See section 9.

  

  

1  Care recipients’ rights—residential care

                   Each care recipient has the following rights:

                     (a)  to full and effective use of his or her personal, civil, legal and consumer rights;

                     (b)  to quality care appropriate to his or her needs;

                     (c)  to full information about his or her own state of health and about available treatments;

                     (d)  to be treated with dignity and respect, and to live without exploitation, abuse or neglect;

                     (e)  to live without discrimination or victimisation, and without being obliged to feel grateful to those providing his or her care and accommodation;

                      (f)  to personal privacy;

                     (g)  to live in a safe, secure and homelike environment, and to move freely both within and outside the residential care service without undue restriction;

                     (h)  to be treated and accepted as an individual, and to have his or her individual preferences taken into account and treated with respect;

                      (i)  to continue his or her cultural and religious practices, and to keep the language of his or her choice, without discrimination;

                      (j)  to select and maintain social and personal relationships with anyone else without fear, criticism or restriction;

                     (k)  to freedom of speech;

                      (l)  to maintain his or her personal independence;

                    (m)  to accept personal responsibility for his or her own actions and choices, even though these may involve an element of risk, because the care recipient has the right to accept the risk and not to have the risk used as a ground for preventing or restricting his or her actions and choices;

                     (n)  to maintain control over, and to continue making decisions about, the personal aspects of his or her daily life, financial affairs and possessions;

                     (o)  to be involved in the activities, associations and friendships of his or her choice, both within and outside the residential care service;

                     (p)  to have access to services and activities available generally in the community;

                     (q)  to be consulted on, and to choose to have input into, decisions about the living arrangements of the residential care service;

                      (r)  to have access to information about his or her rights, care, accommodation and any other information that relates to the care recipient personally;

                      (s)  to complain and to take action to resolve disputes;

                      (t)  to have access to advocates and other avenues of redress;

                     (u)  to be free from reprisal, or a well‑founded fear of reprisal, in any form for taking action to enforce his or her rights.

2  Care recipients’ responsibilities—residential care

                   Each care recipient has the following responsibilities:

                     (a)  to respect the rights and needs of other people within the residential care service, and to respect the needs of the residential care service community as a whole;

                     (b)  to respect the rights of staff to work in an environment free from harassment;

                     (c)  to care for his or her own health and well‑being, as far as he or she is capable;

                     (d)  to inform his or her medical practitioner, as far as he or she is able, about his or her relevant medical history and current state of health.

Schedule 2Charter of care recipients’ rights and responsibilities—home care

Note:       See section 19.

  

  

1  Care recipients’ rights—home care

General

             (1)  Each care recipient has the following rights:

                     (a)  to be treated and accepted as an individual, and to have his or her individual preferences respected;

                     (b)  to be treated with dignity, with his or her privacy respected;

                     (c)  to receive care that is respectful of him or her, and his or her family and home;

                     (d)  to receive care without being obliged to feel grateful to those providing the care;

                     (e)  to full and effective use of all human, legal and consumer rights, including the right to freedom of speech regarding his or her care;

                      (f)  to have access to advocates and other avenues of redress;

                     (g)  to be treated without exploitation, abuse, discrimination, harassment or neglect.

Consumer directed care—choice and flexibility

             (2)  Each care recipient has the following rights:

                     (a)  to be supported by the approved provider:

                              (i)  to set goals in relation to the outcomes he or she seeks from home care; and

                             (ii)  to determine the level of ongoing involvement and control that he or she wishes to have in the provision of the home care; and

                            (iii)  to make decisions relating to his or her own care; and

                            (iv)  to maintain his or her independence as far as possible;

                     (b)  to choose the care and services that best meet his or her goals and assessed needs and preferences, within the limits of the resources available;

                     (c)  to have choice and flexibility in the way the care and services are provided at home;

                     (d)  to participate in making decisions that affect him or her;

                     (e)  to have his or her representative participate in decisions relating to his or her care if he or she requests it or if he or she does not have capacity.

Consumer directed care—care and services

             (3)  Each care recipient has the following rights:

                     (a)  to receive reliable, coordinated, safe, quality care and services which are appropriate to meeting his or her goals and assessed needs;

                     (b)  to be given before, or within 14 days after, he or she commences receiving home care, a written plan of the care and services that he or she expects to receive;

                     (c)  to receive care and services that take account of his or her other care arrangements and preferences;

                     (d)  to ongoing review of the care and services he or she receives (both periodic and in response to changes in his or her personal circumstances), and modification of the care and services as required.

Consumer directed care—individualised budget and monthly statement of available funds and expenditure

          (3A)  Each care recipient has the following rights:

                     (a)  to receive an individualised budget for the care and services to be provided;

                     (b)  to have his or her individualised budget reviewed and, if necessary, revised if:

                              (i)  the care and services to be provided, or the costs of providing the care and services, change; or

                             (ii)  he or she requests the approved provider to review and, if necessary, revise the individualised budget;

                     (c)  to receive a monthly statement of the funds available and the expenditure in respect of the care and services provided during the month.

Personal information

             (4)  Each care recipient has the following rights:

                     (a)  to privacy and confidentiality of his or her personal information;

                     (b)  to access his or her personal information.

Communication

             (5)  Each care recipient has the following rights:

                     (a)  to be helped to understand any information he or she is given;

                     (b)  to be given a copy of this Charter;

                     (c)  to be offered a written agreement that includes all agreed matters;

                     (d)  to choose a person to speak on his or her behalf for any purpose.

Comments and complaints

             (6)  Each care recipient has the following rights:

                     (a)  to be given information on how to make comments and complaints about the care and services he or she receives;

                     (b)  to complain about the care and services he or she receives, without fear of losing the care or being disadvantaged in any other way;

                     (c)  to have complaints investigated fairly and confidentially, and to have appropriate steps taken to resolve issues of concern.

Fees

             (7)  Each care recipient has the following rights:

                     (a)  to have his or her fees determined in a way that is transparent, accessible and fair;

                     (b)  to receive invoices that are clear and in a format that is understandable;

                     (c)  to have his or her fees reviewed periodically and on request when there are changes to his or her financial circumstances;

                     (d)  not to be denied care and services because of his or her inability to pay a fee for reasons beyond his or her control.

2  Care recipients’ responsibilities—home care

General

             (1)  Each care recipient has the following responsibilities:

                     (a)  to respect the rights of care workers to their human, legal and workplace rights including the right to work in a safe environment;

                     (b)  to treat care workers without exploitation, abuse, discrimination or harassment.

Care and services

             (2)  Each care recipient has the following responsibilities:

                     (a)  to abide by the terms of the written home care agreement;

                     (b)  to acknowledge that his or her needs may change and to negotiate modifications of care and service if his or her care needs change;

                     (c)  to accept responsibility for his or her own actions and choices even though some actions and choices may involve an element of risk.

Communication

             (3)  Each care recipient has the following responsibilities:

                     (a)  to give enough information to assist the approved provider to develop, deliver and review a care plan;

                     (b)  to tell the approved provider and their staff about any problems with the care and services.

Access

             (4)  Each care recipient has the following responsibilities:

                     (a)  to allow safe and reasonable access for care workers at the times specified in his or her care plan or otherwise by agreement;

                     (b)  to provide reasonable notice if he or she does not require home care to be provided on a particular day.

Fees

             (5)  Each care recipient has the responsibility to pay any fees as specified in the agreement or to negotiate an alternative arrangement with the provider if any changes occur in his or her financial circumstances.

Schedule 3Charter of care recipients’ rights and responsibilities—short‑term restorative care

Note:       See section 23AD.

Part 1Short‑term restorative care provided in a residential care setting

  

1  Application of this Part

                   This Part applies in relation to a care recipient who is provided with short‑term restorative care in a residential care setting.

2  Care recipients’ rights

                   Each care recipient has the following rights:

                     (a)  to full and effective use of his or her personal, civil, legal and consumer rights;

                     (b)  to quality care appropriate to his or her needs;

                     (c)  to full information about his or her own state of health and about available treatments;

                     (d)  to be treated with dignity and respect, and to live without exploitation, abuse or neglect;

                     (e)  to live without discrimination or victimisation, and without being obliged to feel grateful to those providing his or her care and accommodation;

                      (f)  to personal privacy;

                     (g)  to live in a safe, secure and homelike environment, and to move freely both within and outside the flexible care service without undue restriction;

                     (h)  to be treated and accepted as an individual, and to have his or her individual preferences taken into account and treated with respect;

                      (i)  to continue his or her cultural and religious practices, and to keep the language of his or her choice, without discrimination;

                      (j)  to select and maintain social and personal relationships with anyone else without fear, criticism or restriction;

                     (k)  to freedom of speech;

                      (l)  to maintain his or her personal independence;

                    (m)  to accept personal responsibility for his or her own actions and choices, even though these may involve an element of risk, because the care recipient has the right to accept the risk and not to have the risk used as a ground for preventing or restricting his or her actions and choices;

                     (n)  to maintain control over, and to continue making decisions about, the personal aspects of his or her daily life, financial affairs and possessions;

                     (o)  to be involved in the activities, associations and friendships of his or her choice, both within and outside the flexible care service;

                     (p)  to have access to services and activities available generally in the community;

                     (q)  to be consulted on, and to choose to have input into, decisions about the living arrangements of the flexible care service;

                      (r)  to have access to information about his or her rights, care, accommodation and any other information that relates to the care recipient personally;

                      (s)  to complain and to take action to resolve disputes;

                      (t)  to have access to advocates and other avenues of redress;

                     (u)  to be free from reprisal, or a well‑founded fear of reprisal, in any form for taking action to enforce his or her rights.

3  Care recipients’ responsibilities

                   Each care recipient has the following responsibilities:

                     (a)  to respect the rights and needs of other people within the flexible care service, and to respect the needs of the flexible care service community as a whole;

                     (b)  to respect the rights of staff to work in an environment free from harassment;

                     (c)  to care for his or her own health and well‑being, as far as he or she is capable;

                     (d)  to inform his or her medical practitioner, as far as he or she is able, about his or her relevant medical history and current state of health.

Part 2Short‑term restorative care provided in a home care setting

  

4  Application of this Part

                   This Part applies in relation to a care recipient who is provided with short‑term restorative care in a home care setting.

5  Care recipients’ rights

General

             (1)  Each care recipient has the following rights:

                     (a)  to be treated and accepted as an individual, and to have his or her individual preferences respected;

                     (b)  to be treated with dignity, with his or her privacy respected;

                     (c)  to receive care that is respectful of him or her, and his or her family and home;

                     (d)  to receive care without being obliged to feel grateful to those providing the care;

                     (e)  to full and effective use of all human, legal and consumer rights, including the right to freedom of speech regarding his or her care;

                      (f)  to have access to advocates and other avenues of redress;

                     (g)  to be treated without exploitation, abuse, discrimination, harassment or neglect.

Consumer directed care—choice and flexibility

             (2)  Each care recipient has the following rights:

                     (a)  to be supported by the approved provider:

                              (i)  to set goals in relation to the outcomes he or she seeks from short‑term restorative care; and

                             (ii)  to determine the level of ongoing involvement and control that he or she wishes to have in the provision of the short‑term restorative care; and

                            (iii)  to make decisions relating to his or her own care; and

                            (iv)  to maintain his or her independence as far as possible;

                     (b)  to choose the care and services that best meet his or her goals and assessed needs and preferences, within the limits of the resources available;

                     (c)  to have choice and flexibility in the way the care and services are provided at home;

                     (d)  to participate in making decisions that affect him or her;

                     (e)  to have his or her representative participate in decisions relating to his or her care if he or she requests it or if he or she does not have capacity.

Consumer directed care—care and services

             (3)  Each care recipient has the following rights:

                     (a)  to receive reliable, coordinated, safe, quality care and services which are appropriate to meeting his or her goals and assessed needs;

                     (b)  to be given before, or within 7 days after, he or she commences receiving short‑term restorative care, a written plan of the care and services that he or she expects to receive;

                     (c)  to receive care and services that take account of his or her other care arrangements and preferences;

                     (d)  to ongoing review of the care and services he or she receives (both periodic and in response to changes in his or her personal circumstances), and modification of the care and services as required.

Personal information

             (4)  Each care recipient has the following rights:

                     (a)  to privacy and confidentiality of his or her personal information;

                     (b)  to access his or her personal information.

Communication

             (5)  Each care recipient has the following rights:

                     (a)  to be helped to understand any information he or she is given;

                     (b)  to be given a copy of this Charter;

                     (c)  to be offered a written agreement that includes all agreed matters;

                     (d)  to choose a person to speak on his or her behalf for any purpose.

Comments and complaints

             (6)  Each care recipient has the following rights:

                     (a)  to be given information on how to make comments and complaints about the care and services he or she receives;

                     (b)  to complain about the care and services he or she receives, without fear of losing the care or being disadvantaged in any other way;

                     (c)  to have complaints investigated fairly and confidentially, and to have appropriate steps taken to resolve issues of concern.

Fees

             (7)  Each care recipient has the following rights:

                     (a)  to have his or her fees determined in a way that is transparent, accessible and fair;

                     (b)  to receive invoices that are clear and in a format that is understandable;

                     (c)  to have his or her fees reviewed on request when there are changes to his or her financial circumstances;

                     (d)  not to be denied care and services because of his or her inability to pay a fee for reasons beyond his or her control.

6  Care recipients’ responsibilities

General

             (1)  Each care recipient has the following responsibilities:

                     (a)  to respect the rights of care workers to their human, legal and workplace rights including the right to work in a safe environment;

                     (b)  to treat care workers without exploitation, abuse, discrimination or harassment.

Care and services

             (2)  Each care recipient has the following responsibilities:

                     (a)  to abide by the terms of the written flexible care agreement;

                     (b)  to acknowledge that his or her needs may change and to negotiate modifications of care and service if his or her care needs change;

                     (c)  to accept responsibility for his or her own actions and choices even though some actions and choices may involve an element of risk.

Communication

             (3)  Each care recipient has the following responsibilities:

                     (a)  to give enough information to assist the approved provider to develop, deliver and review a care plan;

                     (b)  to tell the approved provider and their staff about any problems with the care and services.

Access

             (4)  Each care recipient has the responsibility to allow safe and reasonable access for care workers at the times specified in his or her care plan or otherwise by agreement.

Fees

             (5)  Each care recipient has the responsibility to pay any fees as specified in the flexible care agreement or to negotiate an alternative arrangement with the provider if any changes occur in his or her financial circumstances.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

User Rights Principles 2014

25 June 2014 (F2014L00808)

1 July 2014

 

User Rights Amendment (Consumer Directed Care) Principles 2015

30 June 2015 (F2015L01016)

1 July 2015

Aged Care Legislation Amendment (Independent Complaints Arrangements) Principle 2015

24 Dec 2015 (F2015L02122)

Sch 1 (item 15): 1 Jan 2016 (s 2(1) item 1)

Aged Care Legislation Amendment (Short‑term Restorative Care) Principles 2016

5 May 2016 (F2016L00670)

Sch 1(items 145‑147): 6 May 2016 (s 2(1) item 1)

Aged Care Legislation Amendment (Increasing Consumer Choice) Principles 2016

23 Sept 2016 (F2016L01492)

Sch 1 (items 1–3): 24 Sept 2016 (s 2(1) item 2)
Sch 1 (items 45–55): 27 Feb 2017 (s 2(1) item 3)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LIA s 48D

s 4.............................................

am F2016L00670; F2016L0149  (Sch 2 item 45)

Part 3

 

Division 1

 

s 16...........................................

am F2016L01492

Division 3

 

s 21A........................................

ad F2015L01016

s 21B........................................

ad F2015L01016

 

am F2016L01492

Division 3A

 

Division 3A..............................

ad F2016L01492

Subdivision A

 

Subdivision A...........................

ad F2016L01492

s 21C........................................

ad F2016L01492

s 21D........................................

ad F2016L01492

Subdivision B

 

Subdivision B...........................

ad F2016L01492

s 21E........................................

ad F2016L01492

s 21F.........................................

ad F2016L01492

s 21G........................................

ad F2016L01492

Subdivision C

 

Subdivision C...........................

ad F2016L01492

s 21H........................................

ad F2016L01492

s 21J.........................................

ad F2016L01492

Division 4

 

s 22...........................................

am F2016L01492

s 23...........................................

am F2015L01016; F2016L01492 (Sch 2 items 51 and 52)

Part 3A

 

Division 1

 

s 23AA.....................................

ad  F2016L00670

Division 2

 

s 23AB......................................

ad  F2016L00670

s 23AC......................................

ad  F2016L00670

s 23AD.....................................

ad  F2016L00670

Division 3

 

s 23AE......................................

ad  F2016L00670

Division 4

 

s 23AF......................................

ad  F2016L00670

s 23AG.....................................

ad  F2016L00670

Part 4

 

s 24...........................................

am F2015L02122

Part 5

 

Part 5........................................

ad F2015L01016

Division 1

 

s 25...........................................

ad F2015L01016

s 26...........................................

ad F2015L01016

Division 2

 

Division 2.................................

ad F2016L01492

s 27...........................................

ad F2016L01492

s 28...........................................

ad F2016L01492

s 29...........................................

ad F2016L01492

s 30...........................................

ad F2016L01492

s 31...........................................

ad F2016L01492

Schedule 2

 

Schedule 2................................

am F2015L01016; F2016L01492

Schedule 3

 

Schedule 3................................

ad  F2016L00670