Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:17
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 17
Character Range: 36104–37718

17  Security of tenure
 (1) For paragraph 56‑2(f) of the Act, this section specifies the security of tenure that an approved provider of home care must provide to a care recipient to whom the approved provider provides, or is to provide, home care.
 (2) The approved provider may cease to provide home care to the care recipient only if:
 (a) the care recipient cannot be cared for in the community with the resources available to the approved provider; or
 (b) the care recipient notifies the approved provider, in writing, that the care recipient wishes to move to a location where home care is not provided by the provider; or
 (c) the care recipient notifies the approved provider, in writing, that the care recipient no longer wishes to receive the home care; or
 (d) the care recipient's condition changes to the extent that:
 (i) the care recipient no longer needs home care; or
 (ii) the care recipient's needs, as assessed by an aged care assessment team, can be more appropriately met by other types of services or care; or
 (e) the care recipient:
 (i) has not paid to the approved provider, for a reason within the care recipient's control, any home care fee specified in the home care agreement between the care recipient and the approved provider; and
 (ii) has not negotiated an alternative arrangement with the approved provider for payment of the home care fee; or
 (f) the care recipient has:
 (i) intentionally caused serious injury to a staff member of the approved provider; or
 (ii) intentionally infringed the right of a staff member of the approved provider to work in a safe environment.