Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:33:p1
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 33 (pt 1/2)
Character Range: 102618–105280

33  Charter of Aged Care Rights to be given to existing care recipient
 (1) An approved provider must give an existing care recipient a copy of the "Charter of Aged Care Rights" set out in Schedule 1 that meets the requirements of subsection (3).
 (2) The approved provider must:
 (a) assist the existing care recipient to understand the "Charter of Aged Care Rights" given under subsection (1); and
 (b) ensure that the existing care recipient or an authorised person of the existing care recipient has been given a reasonable opportunity to sign the copy of the "Charter of Aged Care Rights" given under subsection (1).
 (3) The copy of the "Charter of Aged Care Rights" given under subsection (1) must:
 (a) be signed by a staff member of the approved provider; and
 (b) if the existing care recipient or an authorised person of the existing care recipient has signed the copy—include the signature; and
 (c) if the existing care recipient or an authorised person of the existing care recipient has not signed the copy—set out the date on which the existing care recipient or authorised person was given a reasonable opportunity to sign the copy; and
 (d) set out the full name of:
 (i) the existing care recipient; and
 (ii) if an authorised person of the existing 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 existing care recipient.
 (4) The approved provider must comply with subsections (1) and (2):
 (a) if the approved provider is an approved provider of residential care—no later than 30 September 2019; or
 (b) if the approved provider is an approved provider of a flexible care service through which short‑term restorative care is provided in a residential care setting—no later than 30 September 2019; or
 (c) if the approved provider is an approved provider of home care—no later than 31 December 2019; or
 (d) if the approved provider is an approved provider of a flexible care service through which short‑term restorative care is provided in a home care setting—no later than 31 December 2019.
 (5) In this section:
existing care recipient means:
 (a) for an approved provider of residential care—a care recipient who is being provided with residential care by that provider on 30 June 2019; or
 (b) for an approved provider of home care—a care recipient who is being provided with home care by that provider on 30 June 2019; or
 (c) for an approved provider of a flexible care service through which short‑term restorative care is provided—a care recipient who is being provided with flexible care in the form of short‑term restorative care by that