Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:23ae
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 23AE
Character Range: 93359–95502

23AE  Information to be given to new care recipient about rights and responsibilities—short‑term restorative care
 (1) For the purposes of paragraph 56‑3(m) of the Act, an approved provider of a flexible care service through which short‑term restorative care is provided must give a prospective care recipient:
 (a) information about:
 (i) the care recipient's rights in relation to the service under the "Charter of Aged Care Rights" set out in Schedule 1; and
 (ii) the rights and responsibilities of the care recipient and the approved provider; and
 (b) a copy of the "Charter of Aged Care Rights" set out in Schedule 1 that meets the requirements of subsection (3).
Note: The approved provider must retain records relating to the "Charter of Aged Care Rights" given under paragraph (1)(b) (see section 8A of the Records Principles 2014).
 (2) The approved provider must:
 (a) assist the care recipient to understand the information and the "Charter of Aged Care Rights" given under subsection (1); and
 (b) ensure that the care recipient or an authorised person of the care recipient has been given a reasonable opportunity to sign the copy of the "Charter of Aged Care Rights" given under paragraph (1)(b).
 (3) The copy of the "Charter of Aged Care Rights" given under paragraph (1)(b) must:
 (a) be signed by a staff member of the approved provider; and
 (b) if the care recipient or an authorised person of the care recipient has signed the copy—include the signature; and
 (c) if the care recipient or an authorised person of the care recipient has not signed the copy—set out the date on which the care recipient or authorised person was given a reasonable opportunity to sign the copy; and
 (d) set out the full name of:
 (i) the care recipient; and
 (ii) if an authorised person of the care recipient was present at the time the copy was given—the authorised person; and
 (e) set out the date on which the copy was given to the care recipient.
 (4) The approved provider must comply with subsections (1) and (2) before the care recipient enters the approved provider's flexible care service.

Division 4—Flexible care agreements