Document ID: chunk:federal_register_of_legislation:F2024C00838:reg:17:p1
Version: federal_register_of_legislation:F2024C00838
Segment Type: reg
Provision Reference: reg 17 (pt 1/3)
Character Range: 23618–26259

17  Content of accommodation agreements
 (1) For paragraph 52F‑3(1)(k) of the Act, this section specifies other matters that must be set out in an accommodation agreement between the approved provider of a residential care service or an eligible flexible care service and a person who will be paying an accommodation payment for the service.

General matters
 (2) The accommodation agreement must set out the following:
 (a) the specific accommodation that the accommodation payment entitles the person to be provided with;
 (b) any services that the accommodation payment entitles the person to be provided with;
 (c) that, if the approved provider or the person applies to the Secretary for a financial hardship determination to be made in relation to the person, the accommodation payment is still payable if:
 (i) the Secretary refuses to make the determination; or
 (ii) the determination is made but later ceases to be in force;
 (d) that, if the person moves to another room (the new room), or to another part (the new part) of a room, in the service on a day:
 (i) the person is not taken to have entered the service on that day; and
 (ii) the Act (in particular paragraph 52F‑3(1)(e) and section 52J‑5 of the Act) continues to apply in relation to the person by reference to the person's entry day to the service.

Additional matters in relation to voluntary moves within the service
 (3) The accommodation agreement must set out that, if the person proposes to move to a new room, or to a new part of a room, in the service, and the move is voluntary:
 (a) the accommodation agreement must be varied, before the move occurs, to specify the new room or the new part of the room; and
 (b) the day on which the agreement is varied will become the price agreement day for the person; and
 (c) the person may be charged an accommodation payment amount, after the move, that is higher or lower than the accommodation payment amount the person is paying before the move, but the person must not be charged an accommodation payment amount that is higher than the maximum accommodation payment amount that was made publicly available by the approved provider under section 19 for the person's new price agreement day and the new room or the new part of the room; and
 (d) if the person is to be charged a higher accommodation payment amount for the new room or the new part of the room—the person may choose to pay the additional accommodation payment amount by:
 (i) daily payments; or
 (ii) refundable deposit; or
 (iii) a combination of refundable deposit and daily payments.

Additional matters in relation to non‑voluntary moves within