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User Rights Principles 2014
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Administered by
Department of Health and Aged Care
This item is authorised by the following title:
Aged Care Act 1997
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F2023C00694 (C16)
01 July 2023
-
30 June 2024
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Part 1—Preliminary
1 Name of principles
3 Authority
4 Definitions
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Part 2—Residential care services
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Division 1—Purpose of this Part
5 Purpose of this Part
Division 2—Responsibilities 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
7 Security of tenure—notice requirements
8 Access to residential care service by people acting for care recipients, advocates and community visitors
9 Rights of care recipients provided with residential care
9A Responsibility not to act inconsistently with legal and consumer rights of care recipients
10 Other responsibilities—restrictions on moving care recipient within residential care service
Division 3—Responsibilities of approved providers of residential care—provision of information
11 Information to be given to new care recipient about rights and responsibilities
12 Statement of audited accounts
13 Information to be given to continuing residential care recipient moving between services
Division 4—Resident agreements
14 Entry into resident agreement
15 Provisions of resident agreement
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Part 3—Home care services
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Division 1—Purpose of this Part
16 Purpose of this Part
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Division 2—Responsibilities of approved providers of home care—general
17 Security of tenure
18 Access to home care service by advocates
19 Rights of care recipients provided with home care
19AA Responsibility not to act inconsistently with legal and consumer rights of care recipients
19AB Responsibility to prevent damage to care recipient’s property
19AC Responsibility to provide information to assist care recipients to choose best care and services
19AD Responsibility to provide written plan of care and services
19AE Responsibility to provide clear and understandable invoices
19AF Responsibility to review fees periodically and on request
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Division 2A—Responsibilities of approved providers of home care—provision of pricing information to Secretary
19B Notice of common care and services and prices and fees
19C Notice of all care and services and prices and fees
19D Annual review of notices of care and services and prices and fees
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Division 3—Responsibilities of approved providers of home care—provision of information to care recipients
20 Information to be given to new care recipient about rights and responsibilities
21 Information to be given to continuing home care recipient to be provided with new home care service
21A Individualised budget to be given to care recipient
21B Financial information statements for payment periods
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Division 3A—Responsibilities of approved providers of home care—unspent home care amounts
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Subdivision A—Election to return, and reporting, Commonwealth portion of unspent home care amount
21BA Election to return Commonwealth portion of unspent home care amount
21BAA Responsibility to report Commonwealth portion of unspent home care amount
Subdivision B—Implementation date amounts for ongoing home care recipients
21BB Meaning of implementation date unspent home care amount
21BC Meaning of implementation date Commonwealth portion
21BD Meaning of implementation date care recipient portion
Subdivision C—Unspent home care amounts
21C Meaning of unspent home care amount
21CA Meaning of Commonwealth portion
21CB Meaning of care recipient portion
21CC Difference amounts
Subdivision D—Responsibilities if approved provider ceases to provide care
21D Application of Subdivision
21E Responsibility to give notice to care recipient or their estate
21F Responsibility to pay care recipient portion and Commonwealth portion of unspent home care amount
21G Responsibility to give notices to new approved provider and the Commonwealth
Subdivision F—Responsibilities if care recipient transfers between home care services operated by same approved provider
21JA Application of Subdivision
21JB Responsibility to pay Commonwealth portion of unspent home care amount
21JC Responsibility to give notice to the Commonwealth
Division 3B—Responsibilities of approved providers of home care—pricing
21K Costs that are not to be charged for separately
21KA Cap on prices for care management and package management
21L Prices and certain costs to be kept to reasonable amounts
21M Prices charged for common care and services, and fees, to be those in home care agreement
Division 4—Home care agreements
22 Entry into home care agreement
23 Provisions of home care agreement
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Part 3A—Flexible care services
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Division 1—Purpose of this Part
23AA Purpose of this Part
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Division 2—Responsibilities of approved providers of flexible care—general
23AB Maximum amount that may be charged for care and services—short term restorative care
23AC Access by advocates to flexible care service—short term restorative care
23AD Rights of care recipients—short term restorative care
23ADA Responsibility not to act inconsistently with legal and consumer rights of care recipients
23ADB Responsibility to prevent damage to care recipient’s property
23ADC Responsibility to provide information to assist care recipients to choose best care and services
23ADD Responsibility to provide written plan of care and services
23ADE Responsibility to provide clear and understandable invoices
23ADF Responsibility to review fees on request
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Division 3—Responsibilities 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
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Division 4—Flexible care agreements
23AF Entry into flexible care agreement—short term restorative care
23AG Provisions of flexible care agreement—short term restorative care
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Part 5—Transitional provisions
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Division 1—Transitional provisions relating to the User Rights Amendment (Consumer Directed Care) Principles 2015
25 Individualised budgets for care recipients being provided with home care
26 Home care agreements
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Division 2—Transitional provisions relating to the Aged Care Legislation Amendment (Increasing Consumer Choice) Principles 2016
27 Meaning of Amending Principles
28 Application of amendments made by Part 1 of Schedule 1 to the Amending Principles
30 Application of amendments made by Part 2 of Schedule 1 to the Amending Principles
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Division 3—Transitional provision relating to the Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018
32 Transitional provision in relation to flexible care agreements
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Division 4—Transitional provisions relating to the User Rights Amendment (Charter of Aged Care Rights) Principles 2019
33 Charter of Aged Care Rights to be given to existing care recipient
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Division 5—Transitional provisions relating to the Aged Care Legislation Amendment (Comparability of Home Care Pricing Information) Principles 2019
34 Transitional provision in relation to home care agreements and pricing
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Division 6—Transitional provisions relating to the Aged Care Legislation Amendment (Improved Home Care Payment Administration) Instrument 2021
35 Definitions
36 Giving notices and making payments—general
37 Giving notices and making payments—transfer portion
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Division 7—Transitional provisions relating to the Aged Care Legislation Amendment (Capping Home Care Charges) Principles 2022
38 Definitions
39 Application of amendments
40 Exit amounts
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Schedule 1—Charter of Aged Care Rights
1 Meaning of I, me and my
2 Care recipient’s rights
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history