Document ID: chunk:federal_register_of_legislation:C2024A00104:section:156:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 156 (pt 1/2)
Character Range: 278977–281807

156  Access by supporters and independent aged care advocates etc.

Access to individuals
 (1) It is a condition of registration that a registered provider of a kind prescribed by the rules must:
 (a) allow and facilitate access by the following persons to an individual to whom the provider delivers funded aged care services:
 (i) a supporter of the individual;
 (ii) a relevantly qualified person providing legal advice or another legal service to the individual;
 (iii) an independent aged care advocate;
 (iv) an aged care volunteer visitor; and
 (b) do so in accordance with any requirements prescribed by the rules.
Note: For example, the rules might prescribe a requirement for a provider delivering services in a residential care home to allow a supporter of an individual access (whether physically, by video link or other means) to the individual at any time.

Access to settings
 (2) It is a condition of registration that a registered provider of a kind prescribed by the rules must:
 (a) allow and facilitate access by independent aged care advocates to a setting in which the provider delivers funded aged care services; and
 (b) do so in accordance with any requirements prescribed by the rules.
Note: For example, the rules might prescribe a requirement for a registered provider delivering funded aged care services in a residential care home to allow independent aged care advocates access to the home to educate individuals accessing funded aged care services in the home about their rights and the availability of their advocacy services.

Access to records
 (3) It is a condition of registration that a registered provider must:
 (a) allow and facilitate access by an independent aged care advocate to records and information (including personal information) held by the registered provider about an individual to whom:
 (i) the registered provider delivers funded aged care services; and
 (ii) the independent aged care advocate provides advocacy;
  if the individual has the right to access the records and information and consents to the independent aged care advocate being given access to the records and information; and
 (b) do so in accordance with the requirements in section 168 and any requirements prescribed by the rules.

Additional matters
 (4) For the purposes of paragraphs (1)(a) and (2)(a), if the services are delivered to an individual in a home or community setting, the requirement to allow and facilitate access to the individual or setting (as applicable) only applies in relation to the times during which the provider delivers those services.
Note: For example, the rules might prescribe a requirement for a provider delivering services in a home or community setting to allow an independent aged care advocate to, with the consent of an individual, be present (whether physically,