Document ID: chunk:federal_register_of_legislation:F2024C00838:reg:17:p2
Version: federal_register_of_legislation:F2024C00838
Segment Type: reg
Provision Reference: reg 17 (pt 2/3)
Character Range: 25988–28523

part of the room—the person may choose to pay the additional accommodation payment amount by:
 (i) daily payments; or
 (ii) refundable deposit; or
 (iii) a combination of refundable deposit and daily payments.

Additional matters in relation to non‑voluntary moves within the service
 (4) The accommodation agreement must set out that, if the person is to be moved to a new room, or to a new part of a room, in the service for less than 28 days, and the move is not voluntary:
 (a) the approved provider must, before the move occurs, notify the person, in writing, of the new room or the new part of the room; and
 (b) there will be no change to the person's price agreement day; and
 (c) the person will continue to be charged the same accommodation payment amount that the person is paying before the move.
 (5) The accommodation agreement must set out that, if the person is to be moved to a new room, or to a new part of a room, in the service for 28 days or longer, and the move is not voluntary:
 (a) the approved provider must, before the move occurs, notify the person, in writing, of the new room or the new part of the room; and
 (b) the day on which the notice is given will become the price agreement day for the person; and
 (c) the person must not be charged:
 (i) an accommodation payment amount that is higher than the accommodation payment amount the person is paying before the move; or
 (ii) if the maximum accommodation payment amount (the provider's published maximum accommodation payment amount) that was made publicly available by the approved provider under section 19 for the person's new price agreement day and the new room, or the new part of the room, is lower than the amount the person is paying before the move—an accommodation payment amount that is higher than the provider's published maximum accommodation payment amount.
 (6) For subsections (4) and (5), a move by a person to a new room, or to a new part of a room, in a residential care service or an eligible flexible care service is not voluntary if:
 (a) the move is necessary on genuine medical grounds as assessed by:
 (i) an aged care assessment team; or
 (ii) at least 2 medical or other health practitioners who meet the criteria mentioned in subsection (7); or
 (b) the place occupied by the person becomes an extra service place and the person elects not to pay the extra service fee; or
 (c) the move is necessary to carry out repairs or improvements to the premises of the service.
 (7) For subparagraph (6)(a)(ii), the criteria are: