Document ID: chunk:federal_register_of_legislation:F2022C01059:reg:13:p1
Version: federal_register_of_legislation:F2022C01059
Segment Type: reg
Provision Reference: reg 13 (pt 1/2)
Character Range: 12522–15168

13  Additional conditions

Restrictions on additional charges
 (1) The accommodation, services and food specified in the conditions set out in the notice given under section 32‑9 of the Act must be provided to a care recipient who is being provided with care through the residential care service, or the distinct part of the residential care service, without any additional charge, other than:
 (a) if the care recipient is a continuing residential care recipient—the extra service amount in respect of the care recipient's place in the service; and
 (b) if the care recipient is not a continuing residential care recipient—the extra service fee approved under Division 35 of the Act for the care recipient's place in the service; and
 (c) the amount of GST payable, if any, on the supply of a service:
 (i) that is not a service specified in Schedule 1 to the Quality of Care Principles 2014; and
 (ii) that is provided to the care recipient on an extra service basis under section 36‑1 of the Act.

Secretary must be notified that condition is met
 (2) If:
 (a) the extra service status in respect of the service, or the distinct part of the service, has not become effective; and
 (b) a condition set out in the notice must be met before the extra service status becomes effective;
the approved provider of the service must, at least the required number of days before the day when the provider proposes that the extra service status will become effective, notify the Secretary, in writing, that the provider considers that the service, or the distinct part of the service, will be able to meet the conditions from that day.
 (3) For subsection (2), the required number of days is:
 (a) if the extra service status is proposed to become effective less than 60 days after the notice is given—7 days; and
 (b) in any other case—28 days.

Care recipients must be offered choice to occupy place on extra service basis
 (4) Each care recipient who is receiving care in the service, or the distinct part of the service, on a non‑extra service basis immediately before the extra service status becomes effective must be offered the choice to occupy his or her place on an extra service basis.

Care recipients who do not choose extra service basis care must be treated as non‑extra service care recipients
 (5) Each care recipient who is receiving care in the service, or the distinct part of the service, on a non‑extra service basis immediately before the extra service status becomes effective:
 (a) may continue to receive care on a non‑extra service basis; and
 (b) must be treated as a non‑extra service care recipient;
while the care recipient