Document ID: chunk:federal_register_of_legislation:F2023C00415:reg:6
Version: federal_register_of_legislation:F2023C00415
Segment Type: reg
Provision Reference: reg 6
Character Range: 4395–5868

6  Residential care
 (1) For paragraph 21‑2(c) of the Act, a person is eligible to receive residential care only if:
 (a) the person is assessed as:
 (i) having a condition of frailty or disability requiring continuing personal care; and
 (ii) being incapable of living in the community without support; and
 (b) for a person who is not an aged person—there are no other care facilities or care services more appropriate to meet the person's needs.
 (2) In deciding if a person meets the criteria mentioned in subsection (1), the Secretary must consider the person's medical, physical, psychological and social circumstances, including (if relevant) the following:
 (a) evidence of a medical condition, as decided by a suitably qualified medical practitioner;
 (b) evidence of absence or loss of physical functions, as established by assessment of capacity to perform daily living tasks;
 (c) evidence of absence or loss of cognitive functioning, as established by:
 (i) a medical diagnosis of dementia or other condition; or
 (ii) assessment of capacity to perform daily living tasks; or
 (iii) evidence of behavioural dysfunction;
 (d) evidence of absence or loss of social functioning, as established by:
 (i) information provided by the person, a carer, family, friends or others; or
 (ii) assessment of capacity to perform daily living tasks;
 (e) evidence that the person's life or health would be at significant risk if the person did not receive residential care.