Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:23:p1
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 23 (pt 1/3)
Character Range: 81762–84381

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;
 (ba) a copy of the current notice given to the Secretary by the approved provider under section 19B (the current notice);
 (bb) if the care recipient is to be charged a price for care or a service that is different from the price mentioned for the care or service in the current notice—the different price and the reason for the different price;
 (bc) if the care recipient is to be charged a price for a matter that is different from the price mentioned for the matter in the current notice—the different price and the reason for the different price;
 (c) for a care recipient other than a continuing home care recipient—a statement setting out:
 (i) which fees (if any), referred to in Division 52D of the Act, the provider will charge the care recipient; and
 (ii) if the care recipient is to be charged an amount of the basic daily care fee under section 52D‑3 of the Act that is different from the amount of the fee mentioned in the current notice—the different amount and the reason for the different amount;
 (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; and
 (iii) if the care recipient is to be charged a daily amount of home care fees in accordance with Division 60 of the Aged Care (Transitional Provisions) Act 1997 that is different from the daily amount of home care fees mentioned in the current notice—setting out the different amount and the reason for the different amount;
 (cb) a statement that the provider will give the care recipient a