Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p21
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 21/61)
Character Range: 232819–235588

an extra service fee for the place (the current fee) is in force at the time the application is made; and
 (b) the application proposes to increase the current fee by an amount that exceeds the maximum amount specified in, or worked out in accordance with, the Extra Service Principles.

35‑4  Notification of decision
  The *Pricing Authority must notify each of the following, in writing, of the Pricing Authority's decision on the application:
 (a) the applicant;
 (b) the Secretary.

Division 36—When is residential care provided on an extra service basis?

36‑1  Provision of residential care on extra service basis
 (1) Residential care is provided, in respect of a *place, to a care recipient on an extra service basis on a particular day if:
 (a) the care is provided in accordance with the conditions applying to the *extra service status for the residential care service, or the *distinct part of a residential care service, through which the care is provided; and
 (b) there is in force on that day an *extra service agreement, between the care recipient and the person providing the service, that was entered into in accordance with section 36‑2 and that meets the requirements of section 36‑3; and
 (c) the care meets any other requirements set out in the Extra Service Principles.
 (2) For the purposes of paragraph (1)(b), a care recipient is taken to have entered an *extra service agreement if the care recipient has entered an agreement which contains the provisions specified in section 36‑3.
Example: These conditions may be included in a *resident agreement.

36‑2  Extra service agreements not to be entered under duress etc.
 (1) An *extra service agreement must not be entered into in circumstances under which the care recipient is subject to duress, misrepresentation, or threat of disadvantage or detriment.
 (2) An *extra service agreement must not be entered into in a way that contravenes the Extra Service Principles.
 (3) Without limiting subsection (1), a threat to cease providing care to a care recipient through a particular residential care service unless the care recipient signs an *extra service agreement is taken to be a threat of disadvantage for the purposes of that subsection.

36‑3  Contents of extra service agreements
 (1) An *extra service agreement must specify:
 (a) the level of the extra service amount (within the meaning of section 58‑5) in respect of the *place concerned; and
 (b) how the extra service amount may be varied; and
 (c) the standard of the accommodation, services and food to be provided to the care recipient.
Note: The notice under subsection 32‑9(1) will specify minimum standards, but care recipients and the persons providing care may make agreements to provide more than the minimum.
 (2) An