Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p10
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 10/53)
Character Range: 362518–365613

or *accommodation contribution before the person *enters the service.

52F‑5  Accommodation agreements for flexible care
  If the *accommodation agreement is for a flexible care service, the accommodation agreement is not required to deal with the matters in section 52F‑3 to the extent that they relate to *accommodation contributions.

52F‑6  Accommodation agreements may be included in another agreement
  The *accommodation agreement may be included in another agreement.
Note: For example, an accommodation agreement could be part of a resident agreement.

52F‑7  Effect of accommodation agreements
  The *accommodation agreement has effect subject to this Act, and any other law of the Commonwealth.

Division 52G—Rules about accommodation payments and accommodation contributions

52G‑1  What this Division is about

      *Accommodation payments and *accommodation contributions may be charged only in accordance with this Division.
      Rules about *daily payments and *refundable deposits are set out in Divisions 52H and 52J.

Table of Subdivisions
52G‑A Rules about accommodation payments
52G‑B Rules about accommodation contributions

Subdivision 52G‑A—Rules about accommodation payments

52G‑2  Rules about charging accommodation payments
  The rules for charging *accommodation payment for a residential care service or *eligible flexible care service are as follows:
 (a) a person must not be charged an accommodation payment unless:
 (i) the person's *means tested amount, at the date the person *enters the service, is equal to or greater than the *maximum accommodation supplement amount for that day; or
 (ii) the person has not provided sufficient information to allow the person's means tested amount to be worked out;
 (b) an accommodation payment must not be charged for *respite care;
 (c) an accommodation payment must not exceed the maximum amount determined by the Minister under section 52G‑3, or such higher amount as approved by the *Pricing Authority under section 52G‑4;
 (d) an accommodation payment must not be charged by an approved provider if:
 (i) a sanction has been imposed on the provider under section 63N of the *Quality and Safety Commission Act; and
 (ii) the sanction prohibits the charging of an accommodation payment for the service;
 (e) an approved provider must comply with:
 (i) the rules set out in this Division; and
 (ii) any rules about charging accommodation payments specified in the Fees and Payments Principles.

52G‑3  Minister may determine maximum amount of accommodation payment
 (1) The Minister may, by legislative instrument, determine the maximum amount of *accommodation payment that an approved provider may charge a person.
 (2) The determination may set out:
 (a) the maximum *daily accommodation payment amount and a method for working out *refundable accommodation deposit amounts; or
 (b) methods for working out both:
 (i) the maximum daily accommodation payment amount; and
 (ii) refundable accommodation deposit amounts.
 (3) The approved provider may charge less than the maximum amount.

52G‑4  Pricing Authority