Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:23ag
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 23AG
Character Range: 96299–98878

23AG  Provisions of flexible care agreement—short‑term restorative care
 (1) A flexible care agreement in respect of short‑term restorative care must contain the following:
 (a) the care recipient's goals;
 (b) the care and services that the care recipient will receive, in the form of an agreed care plan;
 (c) the period for which the care and services will be provided;
 (d) 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;
 (e) a statement of the fees that the care recipient will be liable to pay to the approved provider for the provision of the care and services provided;
 (f) a statement that the care recipient may suspend, on a temporary basis for up to 7 days, the provision of the short‑term restorative care, including the circumstances in which the short‑term restorative care may be suspended;
 (g) the conditions under which either party may terminate the provision of short‑term restorative care;
 (h) the care recipient's responsibilities as a recipient of the short‑term restorative care.
 (2) A flexible care agreement in respect of short‑term restorative care must provide:
 (a) that the agreement may be varied by mutual consent, following adequate consultation, of the care recipient and approved provider; and
 (b) that the agreement must not be varied in a way that is inconsistent with the Aged Care Act 1997 or the Extra Service Principles 2014.
 (3) A flexible care agreement in respect of short‑term restorative care must:
 (a) include details of the complaints resolution mechanism that the approved provider will use to address complaints made by, or on behalf of, the care recipient; and
 (b) state that the care recipient will also be entitled to make a complaint about the provision of the short‑term restorative care to the Quality and Safety Commissioner.
 (4) A flexible care agreement in respect of short‑term restorative care must be expressed in plain language and be readily understandable by the care recipient.
 (5) A flexible care agreement in respect of short‑term restorative care must not contain any provision that would have the effect of the care recipient being treated less favourably in relation to any matter than the care recipient would otherwise be treated, under any law of the Commonwealth, in relation to that matter.

Part 5—Transitional provisions

Division 1—Transitional provisions relating to the User Rights Amendment (Consumer Directed Care) Principles 2015