Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:15
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 15
Character Range: 30594–33134

15  Provisions of resident agreement
 (1) For paragraph 59‑1(2)(c) of the Act, this section specifies provisions that a resident agreement between a care recipient and an approved provider must contain.
 (2) A resident agreement must provide that if, within 14 days after signing, the care recipient notifies the provider, in writing, that the care recipient wishes to withdraw from the agreement:
 (a) the agreement has no effect; and
 (b) the care recipient is liable for the fees and charges payable for any period when the care recipient was provided with care through the residential care service under the agreement; and
 (c) the provider is liable to refund any other amount paid by the care recipient under the agreement.
 (3) A resident agreement must provide:
 (a) that the agreement may be varied:
 (i) by the approved provider, if the variation is necessary to implement the A New Tax System (Goods and Services Tax) Act 1999; or
 (ii) in any other case, by mutual consent, following adequate consultation, between the care recipient and the approved provider; and
 (b) that the agreement must not be varied under subparagraph (a)(i) by the provider unless the provider has given reasonable notice in writing about the variation to the care recipient; and
 (c) that the agreement must not be varied in a way that is inconsistent with the A New Tax System (Goods and Services Tax) Act 1999, the Aged Care Act 1997 or the Extra Service Principles 2014.
 (4) A resident agreement must provide that the care recipient has a right to occupy a place at the residential care service:
 (a) beginning on the day the agreement takes effect or a later day stated in the agreement; and
 (b) for the period stated in the agreement or for the remainder of the care recipient's lifetime.
 (5) A resident agreement must include any other matters negotiated between the approved provider and the care recipient.
Note: A resident agreement may incorporate the terms of other agreements, including any of the following:
(a) an extra service agreement (see subsection 36‑1(2) of the Act);
(b) an accommodation agreement (see section 52F‑6 of the Act);
(c) an accommodation bond agreement (see section 57‑10 of the Aged Care (Transitional Provisions) Act 1997);
(d) an accommodation charge agreement (see section 57A‑4 of the Aged Care (Transitional Provisions) Act 1997).
 (6) A resident agreement must be expressed in plain language and be readily understandable by the care recipient.

Part 3—Home care services

Division 1—Purpose of this Part