Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:10
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 10
Character Range: 22042–23955

10  Other responsibilities—restrictions on moving care recipient within residential care service
 (1) An approved provider of a residential care service must not move a care recipient to another room, or part of a room, in the residential care service unless:
 (a) the move is at the care recipient's request; or
 (b) the care recipient agrees to the move after being fully consulted and without being subjected to any pressure; or
 (c) the move is necessary on genuine medical grounds as assessed by:
 (i) an aged care assessment team; or
 (ii) at least 2 medical or other health practitioners who meet the criteria mentioned in subsection (2); or
 (ca) the care recipient has been receiving care under a specialist dementia care agreement and the move is because a clinical advisory committee constituted in accordance with the agreement has determined that the care recipient is not suitable to continue receiving that care; or
 (d) the place occupied by the care recipient becomes an extra service place and the care recipient elects not to pay the extra service fee; or
 (e) the move is necessary to carry out repairs or improvements to the premises where the residential care service operates and the care recipient has the right to return to the room, or the part of the room, if it continues to exist as a room, or part of a room, for care recipients when the repairs or improvements are finished.
Note: These principles may specify other responsibilities of an approved provider—see paragraph 56‑1(n) of the Act.
 (2) For subparagraph (1)(c)(ii), the criteria are:
 (a) one practitioner must be independent of the approved provider and the residential care service, and must be chosen by the care recipient; and
 (b) both practitioners must be competent to assess the aged care needs of the care recipient.

Division 3—Responsibilities of approved providers of residential care—provision of information