Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:11
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 11
Character Range: 23955–26505

11  Information to be given to new care recipient about rights and responsibilities
 (1) For the purposes of paragraph 56‑1(n) of the Act, an approved provider of residential care must give a care recipient:
 (a) information about:
 (i) the care recipient's rights in relation to the approved provider's residential care service under the "Charter of Aged Care Rights" set out in Schedule 1; and
 (ii) the care recipient's rights and responsibilities in relation to the service under this Part; and
 (iii) if the care recipient has not entered into a resident agreement—the matters mentioned in paragraphs 59‑1(1)(b) to (h) (requirements for resident agreements) of the Act; and
 (b) a copy of the "Charter of Aged Care Rights" set out in Schedule 1 that meets the requirements of subsection (3).
Note 1: The approved provider is also required to give information to the care recipient, before the care recipient enters the service, about accommodation payments and accommodation contributions (see section 52F‑1 of the Act and Division 1 of Part 4 of the Fees and Payments Principles 2014 (No. 2)).
Note 2: The approved provider must retain records relating to the "Charter of Aged Care Rights" given under paragraph (1)(b) (see section 8A of the Records Principles 2014).
 (2) The approved provider must:
 (a) assist the care recipient to understand the information and the "Charter of Aged Care Rights" given under subsection (1); and
 (b) ensure that the care recipient or an authorised person of the care recipient has been given a reasonable opportunity to sign the copy of the "Charter of Aged Care Rights" given under paragraph (1)(b).
 (3) The copy of the "Charter of Aged Care Rights" given under paragraph (1)(b) must:
 (a) be signed by a staff member of the approved provider; and
 (b) if the care recipient or an authorised person of the care recipient has signed the copy—include the signature; and
 (c) if the care recipient or an authorised person of the care recipient has not signed the copy—set out the date on which the care recipient or authorised person was given a reasonable opportunity to sign the copy; and
 (d) set out the full name of:
 (i) the care recipient; and
 (ii) if an authorised person of the care recipient was present at the time the copy was given—the authorised person; and
 (e) set out the date on which the copy was given to the care recipient.
 (4) The approved provider must comply with subsections (1) and (2) before, or when, the care recipient enters the approved provider's residential care service.