Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p35
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 35/53)
Character Range: 425709–428466

service and the approved provider (see paragraph 59‑1(1)(g)).
 (3) If the *aged care service is a home care service, the complaints resolution mechanism must be the complaints resolution mechanism provided for in the *home care agreements entered into between the care recipients provided with care through the service and the approved provider (see paragraph 61‑1(1)(f)).

56‑5  Extent to which responsibilities apply
  The responsibilities under this Division apply in relation to matters concerning any person to whom the approved provider provides, or is to provide, care through an *aged care service only if:
 (a) *subsidy is payable for the provision of care to that person; or
 (b) both:
 (i) the approved provider is approved in respect of the aged care service through which the person is provided, or to be provided, with *aged care and for the type of aged care provided, or to be provided, to the person; and
 (ii) the person is approved under Part 2.3 as a recipient of the type of aged care provided, or to be provided, through the service.

Division 59—What are the requirements for resident agreements?

59‑1  Requirements for resident agreements
 (1) A *resident agreement entered into between a care recipient and an approved provider must specify:
 (a) the residential care service in which the approved provider will provide care to the care recipient; and
 (b) the care and services that the approved provider has the capacity to provide to the care recipient while the care recipient is being provided with care through the residential care service; and
 (c) the policies and practices that the approved provider will follow in setting the fees that the care recipient will be liable to pay to the approved provider for the provision of the care and services; and
 (d) if the care recipient is not to *enter the residential care service on a permanent basis—the period for which the care and services will be provided, and (if applicable) any *respite care booking fee; and
 (e) the circumstances in which the care recipient may be asked to depart from the residential care service; and
 (f) the assistance that the approved provider will provide to the care recipient to obtain alternative accommodation if the care recipient is asked to depart from the residential care service; and
 (g) the complaints resolution mechanism that the approved provider will use to address complaints made by or on behalf of the care recipient; and
 (h) the care recipient's responsibilities as a resident in the residential care service.
 (2) In addition, a *resident agreement must comply with any requirements specified in the User Rights Principles relating to:
 (a) the way in which, and the process by which, the agreement is to be entered into;