User Rights Principles 1997 (Cth)
User Rights Principles 1997
as amended
made under subsection 96-1 of the
Aged Care Act 1997
Compilation start date: 19 May 2014
Includes amendments up to: User Rights Amendment (Publication of Accommodation Payment Information) Principles 2014
About this compilation
This compilation
This is a compilation of the User Rights Principles 1997 as in force on 19 May 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 19 May 2014.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
23.1....................... Citation.......................................................................................................... 1
23.2....................... Commencement............................................................................................. 1
23.3....................... Definitions.................................................................................................... 1
Part 2—User rights and responsibilities for residential care 4
Division 1—Security of tenure 4
23.4....................... Purpose of Division (Act, s 56‑1)................................................................. 4
23.5....................... Leaving residential care service..................................................................... 4
23.6....................... Requiring care recipient to leave residential care service............................... 5
Division 2—Access by representatives of care recipients 6
23.7....................... Purpose of Division (Act, s 56‑1)................................................................. 6
23.8....................... Access........................................................................................................... 6
Division 3—Access by advocates and community visitors 7
23.9....................... Purpose of Division (Act, s 56‑1)................................................................. 7
23.10..................... Access........................................................................................................... 7
Division 4—Consistency with rights and responsibilities 8
23.11..................... Purpose of Division (Act, s 56‑1)................................................................. 8
23.12..................... Rights and responsibilities............................................................................ 8
Division 5—Other responsibilities of approved providers of residential care 9
23.13..................... Purpose of Division (Act, s 56‑1)................................................................. 9
23.14..................... Information to be given to new care recipient about rights and obligations etc 9
23.14A.................. Information to be given to eligible care recipients about reduction in resident fees 9
23.15..................... Restrictions on moving care recipient within residential care service............ 9
23.16..................... Booking fees—respite stays........................................................................ 10
23.17..................... Statement of audited accounts..................................................................... 10
23.17A.................. Refund of overpaid resident fee.................................................................. 11
23.17B................... Information about accommodation payments.............................................. 11
Division 6—Access to aged care services for complaints resolution 12
23.18..................... Purpose of Division (Act, s 56‑4)............................................................... 12
23.19..................... Approved provider to allow necessary access............................................. 12
Part 3—User rights and responsibilities for home care 13
Division 1—Security of tenure 13
23.20..................... Purpose of Division (Act, s 56‑2)............................................................... 13
23.21..................... Security of place.......................................................................................... 13
Division 2—Access by advocates 14
23.22..................... Purpose of Division (Act, s 56‑2)............................................................... 14
23.23..................... Access......................................................................................................... 14
Division 3—Consistency with rights and responsibilities 15
23.24..................... Purpose of Division (Act, s 56‑2)............................................................... 15
23.25..................... Rights and responsibilities of care recipients............................................... 15
23.26..................... Rights of prospective care recipients........................................................... 15
Part 3A—User rights and responsibilities for flexible care 16
23.26A.................. Purpose of Part (Act, s 56‑3)...................................................................... 16
23.26B................... Information about accommodation payments.............................................. 16
Part 4—Accommodation bonds 17
Division 1A—Purpose of Part 17
23.27A.................. Purpose of Part (Act, s 57‑1)...................................................................... 17
Division 1—Information 18
23.27..................... Purpose of Division (Act, s 57‑2)............................................................... 18
23.28..................... Information about accommodation bonds................................................... 18
Division 2A—When an accommodation bond must not be charged 19
23.28A.................. Purpose of Division (Act, s 57‑2)............................................................... 19
23.28B................... Flexible care services.................................................................................. 19
Division 2—Other rules about accommodation bonds 20
23.29..................... Purpose of Division (Act, s 57‑2)............................................................... 20
23.30..................... Accommodation bond agreement required even if waiver is sought........... 20
23.30A.................. Matters relevant to extending time limit....................................................... 20
23.31..................... Payment if agreed accommodation bond not paid....................................... 20
Division 3—Prudential Standards 22
Subdivision 3.1—Purpose and application of Division 22
23.32..................... Purpose of Division (Act, s 57‑4)............................................................... 22
23.33..................... Application of Division 3............................................................................ 22
23.34..................... Definitions.................................................................................................. 22
23.35..................... Requirements for annual prudential compliance statements......................... 22
Subdivision 3.2—Liquidity Standard 23
23.36..................... Requirement for sufficient liquidity............................................................. 23
23.37..................... Requirement to implement, maintain and comply with liquidity management strategy 23
Subdivision 3.3—Records Standard 23
23.38..................... Bond register............................................................................................... 23
Subdivision 3.3A—Governance Standard 26
23.38A.................. Requirement for governance system........................................................... 26
23.38BRequirement for investment management strategy..................................................... 26
Subdivision 3.4—Disclosure Standard 27
23.40..................... Annual prudential compliance statement..................................................... 27
23.41..................... Audit of annual prudential compliance statement........................................ 30
23.42..................... Disclosure to care recipients........................................................................ 30
23.43..................... Disclosure to prospective care recipients..................................................... 31
Division 5—Contents of accommodation bond agreements 32
23.47..................... Purpose of Division (Act, s 57‑9)............................................................... 32
23.48..................... Amount of accommodation bond—no financial hardship........................... 32
23.49..................... Retention amounts and interest, or interest equivalent, charges................... 32
23.49A.................. Payment of accommodation bond before refund of pre‑allocation lump sum (Act, s 14‑5) 33
23.50..................... Periodic payments....................................................................................... 33
23.51..................... Conversion from periodic payments to payment by lump sum................... 33
23.52..................... Providing information to third parties......................................................... 33
Division 6—Making financial hardship determinations 35
23.53..................... Purpose of Division (Act, s 57‑14)............................................................. 35
23.54..................... Income assessment required before determination made............................. 35
23.55..................... Effect of determination................................................................................ 35
23.56..................... Circumstances constituting financial hardship............................................. 35
Division 7—Revoking financial hardship determinations 36
23.57..................... Purpose of Division (Act, s 57‑15)............................................................. 36
23.58..................... Revocation of a determination..................................................................... 36
Division 8—Periodic payments 37
23.59..................... Purpose of Division (Act, s 57‑17)............................................................. 37
23.60..................... Frequency of periodic payments................................................................. 37
23.61..................... Agreement on periodic payments................................................................ 37
23.62..................... Amount of periodic payments..................................................................... 37
23.63..................... Respite care periods to be disregarded........................................................ 38
23.64..................... Minimum amount of periodic payments...................................................... 38
Division 8A—Permitted use of accommodation bonds 39
23.64A.................. Purpose of Division (Act, s 57‑17A).......................................................... 39
23.64B................... Additional permitted uses for accommodation bonds.................................. 39
23.64C................... Unregistered schemes for investment in aged care are financial products... 39
Division 9—Rights of approved providers to retention of income 40
23.65..................... Purpose of Division (Act, s 57‑18)............................................................. 40
23.66..................... Working out of amounts............................................................................. 40
23.67..................... Respite care periods to be disregarded........................................................ 41
23.67A.................. Financial hardship—period to be disregarded............................................. 41
Division 10—Deduction from accommodation bond balance of interest on amounts owed 42
23.68..................... Purpose of Division (Act, s 57‑19)............................................................. 42
23.69..................... Interest on amounts owed........................................................................... 42
Division 11—Rights of approved providers to retention amounts 43
23.70..................... Purpose of Division (Act, s 57‑20)............................................................. 43
23.71..................... Maximum retention amount........................................................................ 43
23.72..................... Calculation of indexation increase............................................................... 43
23.73..................... Maximum monthly retention amount.......................................................... 44
Division 12—Restriction on deduction of amounts 45
23.74..................... Purpose of Division (Act, s 57‑20)............................................................. 45
23.75..................... When amounts must not be deducted from accommodation bond balance.. 45
23.75A.................. Financial hardship—period to be disregarded............................................. 45
Division 13—Period for deduction of retention amounts 46
23.76..................... Purpose of Division (Act, s 57‑20)............................................................. 46
23.77..................... Period of suspension of certification to be disregarded............................... 46
23.78..................... Entry date if care recipient is transferred from respite care to permanent accommodation 46
Division 14—Payment of interest on accommodation bond balance 47
23.79A.................. Purpose of Division (Act, s 57‑21A).......................................................... 47
23.79B................... Definitions.................................................................................................. 47
23.79C................... Application.................................................................................................. 47
23.79D.................. Working out of amounts of interest on accommodation bond balances....... 49
23.79E................... The person to whom, and the way in which, amounts of interest are to be paid 50
Division 15—Payment of interest on entry contribution balance 51
23.80A.................. Purpose of Division (Act, s 57‑21B).......................................................... 51
23.80B................... Definition.................................................................................................... 51
23.80C................... Application.................................................................................................. 51
23.80D.................. Working out of amounts of interest on entry contribution balances............ 52
23.80E................... The person to whom, and the way in which, amounts of interest are to be paid 52
Part 4A—Accommodation charges 53
Division 1—Purpose of Part 53
23.81A.................. Purpose of Part (Act, s 57A‑1)................................................................... 53
Division 2—Information for care recipients 54
23.81B................... Purpose of Division (Act, s 57A‑2)............................................................ 54
23.81C................... Information about accommodation charges................................................. 54
Division 3—Other rules about accommodation charges 55
23.81D.................. Purpose of Division (Act, s 57A‑2)............................................................ 55
23.81E................... Accommodation charge agreement required even if waiver is sought......... 55
23.81F................... Matters relevant to extending time limit....................................................... 55
Division 4—Periods when accommodation charge not payable 56
23.81G.................. Purpose of Division (Act, s 57A‑2 and 96‑1)............................................. 56
23.81H.................. Period of respite care................................................................................... 56
23.81I.................... Period of suspension of certification of service........................................... 56
23.81J.................... Period of prohibition on charging accommodation charge.......................... 56
23.81K................... Period of financial hardship........................................................................ 56
Division 5—Contents of accommodation charge agreements 57
23.81L................... Purpose of Division (Act, s 57A‑3)............................................................ 57
23.81M.................. Amount of accommodation charge—no financial hardship......................... 57
23.81N.................. Providing information to third parties......................................................... 57
Division 6—Maximum daily accommodation charge 58
23.81O.................. Purpose of Division (Act, s 57A‑6)............................................................ 58
23.81P................... Specified amounts for maximum daily accommodation charge................... 58
23.81Q.................. Calculation of indexation increase............................................................... 61
Division 7—Making financial hardship determinations 63
23.81R................... Purpose of Division (Act, s 57A‑9)............................................................ 63
23.81S................... Income assessment required before determination made............................. 63
23.81T................... Effect of determination................................................................................ 63
23.81U.................. Circumstances constituting financial hardship............................................. 63
Division 8—Revoking financial hardship determinations 64
23.81V.................. Purpose of Division (Act, s 57A‑10).......................................................... 64
23.81W.................. Revocation of a determination..................................................................... 64
Division 9—Interest on accommodation charge 65
23.81X.................. Purpose of Division (Act, s 57A‑12).......................................................... 65
23.81Y.................. Interest if accommodation charge not paid when due.................................. 65
Part 5—Resident fees 66
Division 1—Amounts additional to maximum daily amount 66
23.82..................... Purpose of Division (Act, s 58‑1)............................................................... 66
23.83..................... Remote area—amount to be taken into account........................................... 66
Division 2—Maximum daily amount—other agreed amounts 67
23.83B................... Purpose of Division (Act, s 58‑2)............................................................... 67
23.83C................... Approved care recipients in unfunded places.............................................. 67
Part 6—Requirements for resident agreements 69
23.84..................... Purpose of Part (Act, s 59‑1)...................................................................... 69
23.85..................... Requirements for a resident agreement........................................................ 69
Part 7—Responsibilities relating to home care fees 71
Division 1—Refund of home care fees 71
23.86..................... Purpose of Division (Act, s 60‑1)............................................................... 71
23.87..................... Cessation of eligibility as a care recipient for home care............................. 71
Division 2—Maximum daily amounts 72
23.88..................... Purpose of Division (Act, s 60‑2)............................................................... 72
23.89..................... Determination of levels of maximum daily amounts of home care fees....... 72
Division 3—Home care fees and services 74
23.90..................... Purpose of Division (Act, s 56‑2)............................................................... 74
23.91..................... Nature and level of home care fees for care and services............................ 74
23.92..................... Home care fees—inability to pay and reduction for financial hardship....... 74
Part 8—Requirements for home care agreements 75
23.93..................... Purpose of Part (Act, s 61‑1)...................................................................... 75
23.94..................... Entry into a home care agreement................................................................ 75
23.95..................... Provisions of a home care agreement.......................................................... 75
Schedule 1—Charter of residents’ rights and responsibilities 77
Schedule 2—Charter of rights and responsibilities for home care 79
Endnotes82
Endnote 1—About the endnotes 82
Endnote 2—Abbreviation key 83
Endnote 3—Legislation history 84
Endnote 4—Amendment history 87
Endnote 5—Uncommenced amendments [none] 96
Endnote 6—Modifications [none] 96
Endnote 7—Misdescribed amendments [none] 96
Endnote 8—Miscellaneous [none] 96
Note: Part 4.2 of the Aged Care Act 1997
Part 4.2 of the Aged Care Act 1997 is about the responsibilities of an approved provider to the users and proposed users of the provider’s aged care service.
The Part sets out a number of user rights, and the provider’s related responsibilities. Other rights and responsibilities are set out in these Principles.
An approved provider’s failure to meet its responsibilities may lead to sanctions being imposed under Part 4.4 of the Act.
Part 1—Preliminary
23.1 Citation
These Principles may be cited as the User Rights Principles 1997.
23.2 Commencement
These Principles commence on 1 October 1997.
23.3 Definitions
(1) In these Principles:
Act means the Aged Care Act 1997.
agreed fee, for a care recipient and an approved provider, means a fee, charge or other payment that is:
(a) agreed between the care recipient and approved provider; and
(b) not prohibited under the Act.
annual prudential compliance statement, of an approved provider, means the annual prudential compliance statement required to be given under section 23.40.
authorised body means:
(a) for Division 3 of Part 2—a body that has been paid an advocacy or community visitors grant; or
(b) for Division 2 of Part 3—a body that has been paid an advocacy grant.
bond means:
(a) an accommodation bond; or
(b) an entry contribution.
bond balance means:
(a) in relation to a bond that is an accommodation bond—an accommodation bond balance; or
(b) in relation to a bond that is an entry contribution—an entry contribution balance.
bond register, of an approved provider, means the register established and maintained by the approved provider in accordance with Subdivision 3.3 of Part 4.
due date has the meaning given by section 57‑18 of the Act.
entry day, for a care recipient, means the day when the care recipient enters the residential care service or, if the care recipient is transferred from respite care to permanent accommodation, the day of the transfer.
general interest charge rate has the same meaning as in subsection 8AAD(1) of the Taxation Administration Act 1953.
interest equivalent means the amount an approved provider could have been expected to have derived from investment of a care recipient’s accommodation bond balance.
key personnel has the same meaning as in section 8‑3A of the Act.
lump sum equivalent, for a care recipient who has elected to pay an accommodation bond wholly or partly by periodic payments, means an amount equal to the amount of the lump sum that the care recipient would have paid if the care recipient had not elected to pay the accommodation bond by periodic payments.
minimum permissible asset value has the meaning given by section 57‑12 of the Act.
multi‑purpose service has the meaning given by section 15.3 of the Flexible Care Subsidy Principles 1997.
Prudential Standard means a Prudential Standard set out in Division 3 of Part 4.
transfer, of a care recipient from respite care to permanent accommodation, means the entry by the care recipient to the residential care service concerned on a permanent basis after having received respite care.
(2) For these Principles, the maximum permissible interest rate, for a person’s entry day, means the annual rate worked out in accordance with the following steps.
Step 1 Work out the general interest charge rate for the person’s entry day under section 8AAD of the Taxation Administration Act 1953.
Step 2 Multiply the result worked out at Step 1 by the number of days in the calendar year in which the person’s entry day falls.
Step 3 Subtract 3 percentage points from the amount worked out under Step 2.
The result is the maximum permissible interest rate for that day.
Note: A number of expressions used in these Principles are defined in the Act, including the following:
(a) capital expenditure;
(b) close relation;
(c) dependent child;
(d) partner;
(e) permitted (in relation to use of accommodation bonds);
(f) personal information.
Part 2—User rights and responsibilities for residential care
Division 1—Security of tenure
23.4 Purpose of Division (Act, s 56‑1)
This Division specifies the arrangements for providing security of tenure for a care recipient’s place in the residential care service.
23.5 Leaving residential care service
(1) The approved provider may ask the care recipient to leave the residential care service only if subsection (2), (3) or (4) applies.
(2) The approved provider may ask the care recipient to leave if the residential care service:
(a) is closing; or
(b) no longer provides accommodation and care suitable for the care recipient, having regard to the care recipient’s long‑term assessed needs (see subsection (4)), and the approved provider has not agreed to provide care of the kind that the care recipient presently needs.
(3) The approved provider may ask the care recipient to leave if the care recipient:
(a) no longer needs the care provided through the residential care service (see subsection (5)); or
(b) has not paid any agreed fee to the approved provider within 42 days after the day when it is payable, for a reason within the care recipient’s control; or
(c) has intentionally caused:
(i) serious damage to the residential care service; or
(ii) serious injury to the approved provider (if the approved provider is an individual); or
(iii) serious injury to an employee of the approved provider, or to another care recipient; or
(d) is away from the residential care service for a continuous period of at least 7 days for a reason other than:
(i) a reason permitted by the Act; or
(ii) an emergency.
(4) For paragraph (2)(b), the long‑term needs of the care recipient must be assessed by:
(a) an aged care assessment team; or
(b) at least 2 medical or other health practitioners who meet the following criteria:
(i) 1 must be independent of the approved provider and the residential care service, and must be chosen by the care recipient or the care recipient’s appropriate representative;
(ii) both must be competent to assess the aged care needs of the care recipient.
(5) For paragraph (3)(a), the needs of the care recipient must be assessed by an aged care assessment team.
23.6 Requiring care recipient to leave residential care service
(1) If the approved provider decides to require the care recipient to leave the residential care service, the approved provider must give the care recipient a written notice that includes the following information:
(a) the decision;
(b) the reasons for the decision;
(c) when the care recipient is to leave;
(d) the care recipient’s rights about leaving, including the right of access to:
(i) the complaints resolution mechanisms; and
(ii) independent complaints processes; and
(iii) 1 or more representatives of an advocacy service.
Note: For complaints resolution mechanisms, see s 56‑4 of the Act.
(2) The approved provider must give the notice to the care recipient at least 14 days before the care recipient is to leave.
(3) The approved provider must not take action to make the care recipient leave, or imply that the care recipient must leave, before suitable alternative accommodation is available that meets the care recipient’s assessed long‑term needs and is affordable by the care recipient.
(4) For subsection (3), the long‑term needs of the care recipient must be assessed by:
(a) an aged care assessment team; or
(b) at least 2 medical or other health practitioners who meet the following criteria:
(i) 1 must be independent of the approved provider and the residential care service, and must be chosen by the care recipient or the care recipient’s representative;
(ii) both must be competent to assess the aged care needs of the care recipient.
(5) The approved provider must give the care recipient a notice stating that the care recipient is no longer required to leave if:
(a) the decision to require the care recipient to leave was based on the care recipient’s behaviour; and
(b) the approved provider has, since giving the original notice, agreed with the care recipient that, because of a change in the behaviour, the care recipient should stay.
Division 2—Access by representatives of care recipients
23.7 Purpose of Division (Act, s 56‑1)
This Division specifies the arrangements for allowing people acting for care recipients to have access to an approved provider’s residential care service.
23.8 Access
If a care recipient, or a care recipient’s representative, has asked a person acting for care recipients to assist the care recipient, the approved provider must allow the person to have access to the residential care service at any time.
Division 3—Access by advocates and community visitors
23.9 Purpose of Division (Act, s 56‑1)
This Division specifies the arrangements for allowing people acting for authorised bodies to have access to an approved provider’s residential care service.
23.10 Access
The approved provider must allow a person acting for an authorised body to have access to the residential care service:
(a) during normal business hours; or
(b) if a care recipient, or a care recipient’s representative, has asked for a person acting for the authorised body to assist the care recipient—at any time.
Division 4—Consistency with rights and responsibilities
23.11 Purpose of Division (Act, s 56‑1)
This Division specifies rights and responsibilities of care recipients who are receiving residential care.
23.12 Rights and responsibilities
The rights and responsibilities of care recipients include the rights and responsibilities under the Charter of Residents’ Rights and Responsibilities set out in Schedule 1.
Division 5—Other responsibilities of approved providers of residential care
23.13 Purpose of Division (Act, s 56‑1)
This Division specifies other responsibilities that an approved provider has in relation to a care recipient to whom the approved provider provides, or is to provide, residential care or, for section 23.17, flexible care through a multi‑purpose service in a residential setting.
23.14 Information to be given to new care recipient about rights and obligations etc
(1) When a care recipient enters a residential care service, the approved provider must give information to the care recipient, or his or her representative, about:
(a) the care recipient’s rights and obligations in relation to the service under:
(i) the Charter of Residents’ Rights and Responsibilities set out in Schedule 1; or
(ii) this Part; and
(b) if the care recipient has not entered into a resident agreement—the matters mentioned in paragraphs 59‑1(1)(b) to (h) of the Act.
(2) The approved provider must assist the care recipient, or his or her representative, to understand the information.
23.14A Information to be given to eligible care recipients about reduction in resident fees
If a care recipient is eligible for a reduction in the maximum amount of resident fees the care recipient may be required to pay if the approved provider complies with the eligibility requirements for the basic daily fee supplement, the approved provider must give information to the care recipient, or his or her representative, about the care recipient’s eligibility for the reduction.
Note: For conditions of eligibility for the basic daily fee supplement see section 21.25F of the Residential Care Subsidy Principles 1997.
23.15 Restrictions on moving care recipient within residential care service
A care recipient may be moved to another bed or room in the residential care service only if:
(a) the move is at the care recipient’s request; or
(b) the care recipient agrees to move after being fully consulted and without being subject to any pressure; or
(c) 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 following criteria:
(A) 1 must be independent of the approved provider and the residential care service, and must be chosen by the care recipient or the care recipient’s appropriate representative;
(B) both must be competent to assess the aged care needs of the care recipient; or
(d) the place occupied by the care recipient becomes an extra service place and the care recipient elects not to pay the extra service fee; or
(e) the move is necessary to carry out repairs or improvements to the premises where the residential care service operates and the care recipient has the right to return to the bed or room, if it continues to exist as a bed or room for care recipients when the repairs or improvements are finished.
23.16 Booking fees—respite stays
(1) A booking fee for respite care must not exceed the lesser of:
(a) 1 week’s fee for the respite care; and
(b) 25% of the fee for the proposed period of respite care.
(2) The booking fee must be deducted from the fee for the respite care.
(3) The booking fee must be refunded if the care recipient enters hospital or dies:
(a) before entering respite care; or
(b) after entering respite care and before the end of the booked period.
(3A) If a care recipient cancels a booking more than 7 days before the proposed day for entry into respite care, the booking fee must be refunded within 14 days after the approved provider was notified that the care recipient cancelled the booking.
(3B) If a care recipient cancels a booking within 7 days before the proposed day for entry into respite care and the reason for the cancellation is other than the care recipient entering hospital or the death of the care recipient before the proposed day for entry into respite care, the whole or part of the booking fee may be retained.
(4) The booking fee must also be refunded if the approved provider requires the care recipient to leave the respite care before the end of the booked period.
(5) If a care recipient chooses to leave the respite care before the end of the booked period, the whole or part of the fee for the unused part of the booked period may be taken from the booking fee.
23.17 Statement of audited accounts
(1) An approved provider that is responsible for the operation of an aged care service that is a residential care service or a flexible care service (other than an approved provider to whom Division 3 of Part 4 of these Principles applies) must, if asked, give a care recipient (or the care recipient’s representative) a copy of:
(a) the most recent statement of the service’s audited accounts; or
(b) if the service is operated as part of a broader organisation—the most recent statement of the audited accounts of the organisation’s aged care component.
Note: For the disclosure requirements applying to an approved provider to whom Division 3 of Part 4 of these Principles applies, see Subdivision 3.4 of Part 4.
(2) An approved provider to whom Division 4 of Part 10 of the Residential Care Subsidy Principles 1997 applies is taken to have satisfied the requirement in subsection (1) if the approved provider gives the care recipient (or the care recipient’s representative) a copy of the most recent audited financial report prepared under section 21.26F of those Principles.
23.17A Refund of overpaid resident fee
If the amount of a resident fee mentioned in section 58‑1 of the Act paid by a care recipient to an approved provider is more than the amount of the resident fee that is properly payable, the approved provider must give back to the care recipient the amount by which the fee paid is more than the fee properly payable.
23.17B Information about accommodation payments
(1) This section applies to an approved provider of a residential care service who is intending to charge care recipients accommodation payments for a room or a part of a room in the service, under the Act as it will be in force on 1 July 2014.
(2) The approved provider must comply with sections 7 and 8 of the Fees and Payments Principles 2014 as if those sections had commenced.
Division 6—Access to aged care services for complaints resolution
23.18 Purpose of Division (Act, s 56‑4)
This Division specifies the access that an approved provider must allow people authorised by the Secretary to investigate and assist in the resolution of complaints.
23.19 Approved provider to allow necessary access
The approved provider must allow the access necessary to investigate and assist in the resolution of the complaint.
Part 3—User rights and responsibilities for home care
Division 1—Security of tenure
23.20 Purpose of Division (Act, s 56‑2)
This Division specifies the arrangements for providing security of tenure for a care recipient’s place in a home care service.
23.21 Security of place
The approved provider may reallocate the care recipient’s place to another care recipient only if:
(a) the care recipient cannot be cared for in the community with the resources available to the approved provider; or
(b) the care recipient tells the approved provider, in writing, that the care recipient wishes to move to a location where home care provided by the provider is not available; or
(c) the care recipient tells the approved provider, in writing, that the care recipient no longer wishes to receive the care; or
(d) the care recipient’s condition changes to the extent that:
(i) the care recipient no longer needs home care; or
(ii) the care recipient’s needs, as assessed by the Secretary, can be more appropriately met by other types of services or care; or
(e) the care recipient does not meet his or her responsibilities, as described in Schedule 2 – Charter of rights and responsibilities for home care, for a reason within the care recipient’s control.
Division 2—Access by advocates
23.22 Purpose of Division (Act, s 56‑2)
This Division specifies the arrangements for allowing people acting for authorised bodies to assist a care recipient to have access to an approved provider’s home care service.
23.23 Access
If the care recipient, or the care recipient’s representative, has asked for a person acting for an authorised body to assist the care recipient, the approved provider must allow the person to have access to the provider’s home care service.
Division 3—Consistency with rights and responsibilities
23.24 Purpose of Division (Act, s 56‑2)
This Division specifies the rights and responsibilities of care recipients who are receiving home care and the rights of prospective care recipients.
23.25 Rights and responsibilities of care recipients
(1) The rights and responsibilities of care recipients include the rights and responsibilities under the Charter of Rights and Responsibilities for Home Care set out in Schedule 2.
(2) In the Charter of Rights and Responsibilities for Home Care set out in Schedule 2:
representative of a care recipient means:
(a) a person nominated by the care recipient as a person the care recipient wishes to participate in decisions relating to his or her care; or
(b) a *partner, carer, or *close relation of the care recipient; or
(c) a person who holds an enduring power of attorney given by the care recipient to decide the health care and other kinds of personal services the care recipient is to receive; or
(d) a person appointed by a State or Territory guardianship board (however described) to decide the health care and other kinds of personal services the care recipient is to receive.
23.26 Rights of prospective care recipients
(1) An approved provider must give written advice to a prospective care recipient, or the care recipient’s representative, about the rights, responsibilities and entitlements of the care recipient and provider, including the care recipient’s rights and responsibilities about payment of home care charges.
(2)The advice must be given before confirmation of the date for the start of the home care.
Part 3A—User rights and responsibilities for flexible care
23.26A Purpose of Part (Act, s 56‑3)
This Part specifies an additional responsibility of an approved provider of a flexible care service that is a multi‑purpose service.
23.26B Information about accommodation payments
(1) This section applies to an approved provider of a flexible care service that is a multi‑purpose service if the approved provider is intending to charge care recipients accommodation payments for a room or a part of a room in the service, under the Act as it will be in force on 1 July 2014.
Note: This kind of flexible care service will be an eligible flexible care service for the purposes of the Act as it will be in force on 1 July 2014.
(2) The approved provider must comply with sections 7 and 8 of the Fees and Payments Principles 2014 as if those sections had commenced.
Part 4—Accommodation bonds
Division 1A—Purpose of Part
23.27A Purpose of Part (Act, s 57‑1)
This Part (including the Prudential Standards) is, with the provisions of the Act, intended to deal with all requirements about payment and protection of accommodation bonds.
Division 1—Information
23.27 Purpose of Division (Act, s 57‑2)
This Division specifies the information about accommodation bonds that an approved provider must provide to a care recipient before the care recipient enters the provider’s residential care service or flexible care service.
23.28 Information about accommodation bonds
(1) The approved provider must tell the care recipient whether the residential care service or flexible care service charges an accommodation bond if the person is eligible to pay an accommodation bond.
(2) If the service charges, or intends to charge, an accommodation bond and the person is eligible to pay an accommodation bond, the approved provider must give the care recipient the following information about the accommodation bond:
(a) the requirement, if the care recipient has given the provider enough information to decide the value of the care recipient’s assets, for the care recipient to be left, after paying the accommodation bond, with assets having a value of at least the care recipient’s minimum permissible asset value;
(b) details of the interest rate to be charged on amounts owed under the accommodation bond agreement, resident agreement or extra service agreement, and the capacity for amounts and accrued interest on them to be deducted from the balance of the bond before it is refunded;
(c) the amounts of bonds charged;
(d) the retention amount of the bond;
(e) the interest rate on the bond if there is a delay in payment of the lump sum or the bond is paid wholly or partly by periodic payments;
(f) the periods when the retention amount and interest are charged;
(g) payment options (that is, by lump sum, periodic payments, or a combination of lump sum and periodic payments);
(h) refund arrangements;
(i) the prudential arrangements applying to the accommodation bond balance;
(j) when an accommodation bond is not required or, if paid, is refundable.
(3) The approved provider must give each care recipient who has paid the provider an accommodation bond a written guarantee that the accommodation bond balance will be refunded to the care recipient (or his or her representative) in accordance with the Act.
Note: Section 57‑2 of the Act sets out basic rules about accommodation bonds. In particular, paragraphs 57‑2(a) and (h) deal with circumstances when an accommodation bond is not required or, if paid, is refundable.
Division 2A—When an accommodation bond must not be charged
23.28A Purpose of Division (Act, s 57‑2)
This Division specifies when an accommodation bond must not be charged.
Note: The Act specifies additional circumstances in which an accommodation bond must not be charged (see, for example, paragraphs 57‑2(1)(h) and (o) of the Act).
23.28B Flexible care services
An approved provider must not charge an accommodation bond for the entry of a person to a flexible care service if, at the time of entry:
(a) the flexible care service is not a multi‑purpose service; or
(b) the care to be provided through the service to the person will be provided other than in a residential setting.
Division 2—Other rules about accommodation bonds
23.29 Purpose of Division (Act, s 57‑2)
This Division specifies other rules about accommodation bonds.
23.30 Accommodation bond agreement required even if waiver is sought
(1) This section applies if:
(a) the care recipient is not a concessional resident; and
(b) the approved provider or care recipient has applied to the Secretary for a determination, under paragraph 57‑14(1)(a) or (b) of the Act, that the care recipient must not be charged an accommodation bond or must not be charged an accommodation bond of more than a specified maximum amount because payment of the accommodation bond would cause the care recipient financial hardship.
(2) An accommodation bond agreement must still be made if:
(a) the application has not been decided; and
(b) the approved provider intends to charge an accommodation bond if the application is refused.
(3) The agreement must state that the accommodation bond is payable if:
(a) the Secretary declines to make the determination; or
(b) the determination is made but later ceases to be in force.
(4) If the care recipient has a physical incapacity, a person nominated by the care recipient may sign the agreement for the care recipient.
(5) If the care recipient has a cognitive impairment, a person who is authorised to sign documents for the care recipient may sign the agreement for the care recipient.
23.30A Matters relevant to extending time limit
For subsection 57‑2(2) of the Act, the Secretary may have regard to any matters the Secretary considers relevant in extending the time mentioned in paragraph 57‑2(1)(e) of the Act.
23.31 Payment if agreed accommodation bond not paid
(1) This section applies to a care recipient who:
(a) has agreed to pay the accommodation bond wholly or partly as a lump sum; and
(b) leaves the residential care service after being provided with care for more than 2 months; and
(c) does not pay the accommodation bond before leaving the residential care service.
(2) The care recipient may be required to pay the interest equivalent to the approved provider.
(3) The interest equivalent is the amount worked out in accordance with the following formula:
where:
IR is:
(a) the interest rate mentioned in the accommodation bond agreement; and
(b) not more than the maximum permissible interest rate for the entry day.
LS is the amount of the lump sum.
ND is the number of days in the period:
(a) beginning on the first day of the month in which the due date happens; and
(b) ending on the last day of the month in which the care recipient leaves the service.
Division 3—Prudential Standards
Subdivision 3.1—Purpose and application of Division
23.32 Purpose of Division (Act, s 57‑4)
This Division sets out Prudential Standards providing for:
(a) protection of bond balances of care recipients (the Liquidity Standard); and
(b) sound financial management of approved providers (the Records Standard); and
(c) arrangements by approved providers for the management of accommodation bond balances (the Governance Standard); and
(d) provision of information about the financial management of approved providers (the Disclosure Standard).
23.33 Application of Division 3
This Division applies to an approved provider:
(a) if, on or after 1 July 2006, an accommodation bond is paid, wholly or partly as a lump sum, for entry to an aged care service through which residential care or flexible care is provided by the approved provider; or
(b) if:
(i) before 1 July 2006, a bond was paid, wholly or partly as a lump sum, for entry to an aged care service through which residential care or flexible care is provided by the approved provider on or after that date; and
(ii) as at 1 July 2006, the bond balance in respect of that bond had not been refunded.
Note: For bond and bond balance—see subsection 23.3(1).
23.34 Definitions
In this Division:
financial year, in relation to an approved provider, means:
(a) a period of 12 months commencing on 1 July; or
(b) if another period has been determined by the Secretary under paragraph 21.26B(2)(c) of the Residential Care Subsidy Principles 1997 for paragraph (b) of the definition of relevant financial year in subsection 21.26B(1) of those Principles—that other period.
23.35 Requirements for annual prudential compliance statements
An annual prudential compliance statement:
(a) must be in writing in a form approved by the Secretary; and
(b) must include all the statements and information required by the form; and
(c) must not contain false or misleading information; and
(d) must be signed by a person who:
(i) is one of the approved provider’s key personnel; and
(ii) is authorised by the approved provider to sign the statement.
Subdivision 3.2—Liquidity Standard
23.36 Requirement for sufficient liquidity
Whenever an approved provider holds bond balances, the approved provider must maintain sufficient liquidity to ensure that the approved provider can refund, in accordance with the Act and these Principles, any bond balances that can be expected to fall due in the following 12 months.
Note: For bond balance—see subsection 23.3(1).
23.37 Requirement to implement, maintain and comply with liquidity management strategy
(1) An approved provider that holds one or more bond balances must implement and maintain a written liquidity management strategy that sets out:
(a) the amount (expressed as an amount of whole dollars) required to ensure that the approved provider has sufficient liquidity for the purposes of section 23.36 (the minimum level of liquidity); and
(b) the factors that the approved provider had regard to in determining the minimum level of liquidity; and
(c) the form in which the approved provider will maintain the minimum level of liquidity.
Note: For bond balance—see subsection 23.3(1).
(2) An approved provider must:
(a) maintain, in the form specified in the provider’s liquidity management strategy, the minimum level of liquidity; and
(b) ensure that the provider’s liquidity management strategy is up to date and complies with the requirements set out in subsection (1); and
(c) modify, or replace, its liquidity management strategy if the provider becomes aware that the liquidity management strategy no longer complies with the requirements set out in subsection (1).
Subdivision 3.3—Records Standard
23.38 Bond register
(1) An approved provider must establish and maintain a register (the bond register) that sets out information in relation to bonds.
Note: For bond—see subsection 23.3(1).
(2) The bond register must include, but is not limited to, the following information:
(a) for each care recipient in respect of whom an accommodation bond is paid to the approved provider on or after 1 July 2006, or in respect of whom the approved provider holds an accommodation bond balance on or after 1 July 2006:
(i) the name of the care recipient; and
(ii) the Resident Identification Number allocated by the Department in respect of the care recipient; and
(iii) the date on which the care recipient entered the aged care service through which the care recipient is provided with care by the approved provider on or after 1 July 2006; and
(iv) if, immediately before entering the aged care service mentioned in subparagraph (iii), the care recipient was provided with care through an aged care service (the original aged care service), and an accommodation bond was paid for the care recipient’s entry to the original aged care service—the date on which the care recipient entered the original aged care service; and
(v) the date on which the whole or each part of an accommodation bond paid by lump sum was paid for entry to the aged care service mentioned in subparagraph (iii); and
(vi) the amount of each payment mentioned in subparagraph (v); and
(vii) the amount of any deduction made from the accommodation bond on or after 1 July 2006; and
(viii) the date of any deduction mentioned in subparagraph (vii); and
(ix) the reason for any deduction mentioned in subparagraph (vii); and
(x) the accommodation bond balance as at 1 July 2006 (if applicable); and
(xi) the accommodation bond balance as at the end of each calendar month (being a month commencing no earlier than 1 July 2006 and during which the approved provider held an accommodation bond balance in respect of the care recipient);
(b) for each care recipient in respect of whom the approved provider holds an entry contribution balance on or after 1 July 2006:
(i) the name of the care recipient; and
(ii) the Resident Identification Number allocated by the Department in respect of the care recipient; and
(iii) the date on which the entry contribution was paid; and
(iv) the amount of the entry contribution; and
(v) the entry contribution balance as at the end of each calendar month (being a month commencing no earlier than 1 July 2006 and during which the approved provider held an entry contribution balance in respect of the care recipient);
(c) for each care recipient in respect of whom an accommodation bond balance is refunded on or after 1 July 2006:
(i) if the accommodation bond balance was refunded because the care recipient died—the date on which the care recipient died and, if applicable, the date on which the approved provider is shown the probate of the will of the care recipient or letters of administration of the estate of the care recipient; and
(ii) if the accommodation bond balance was refunded because the care recipient ceased to be provided with care through the aged care service—the date on which the care recipient ceased to be provided with that care; and
(iii) if subparagraph (ii) applies and the care recipient notified the approved provider, before the date mentioned in that subparagraph, that the care recipient was to enter another aged care service to receive residential care—the date on which the care recipient notified the approved provider; and
(iv) if the accommodation bond was paid for entry to a residential care service, and the accommodation bond balance was refunded because the residential care service ceased to be certified—the date the residential care service ceased to be certified; and
(v) the date on which, or by which, the approved provider was required to refund the accommodation bond balance to the care recipient, worked out, subject to subsection (3), in accordance with Subdivision 57‑G of the Act; and
(vi) the date on which the accommodation bond balance was refunded; and
(vii) the amount of the accommodation bond balance refunded; and
(viii) the amount of base interest paid (if any) under Division 14 and the date when the base interest was paid; and
(ix) the amount of maximum permissible interest paid (if any) under Division 14 and the date when the maximum permissible interest was paid;
(d) for each care recipient in respect of whom an entry contribution balance is refunded on or after 1 July 2006:
(i) the date on which the care recipient ceased to be provided with care through the aged care service; and
(ii) the date on which the approved provider was required to refund the entry contribution balance to the care recipient, worked out in accordance with the formal agreement applying in respect of the entry contribution balance; and
(iii) the date on which the entry contribution balance was refunded; and
(iv) the amount of the entry contribution balance refunded; and
(v) the amount of maximum permissible interest paid (if any) under Division 15 and the date when the maximum permissible interest was paid;
(e) any other information determined, by legislative instrument, by the Secretary.
(3) For subparagraph (2)(c)(v), if the refunding event occurred before 31 May 2006, the date on which, or by which, the approved provider is required to refund the accommodation bond balance to the care recipient is worked out in accordance with Subdivision 57‑G of the Act as in force immediately before 31 May 2006.
(4) In this section:
refunding event means an event mentioned in paragraph 57‑21(1)(a), (b) or (c) of the Act as in force immediately before 31 May 2006.
Subdivision 3.3A—Governance Standard
23.38A Requirement for governance system
(1) An approved provider that holds one or more accommodation bond balances must implement and maintain a governance system that:
(a) ensures accommodation bond balances are used only for permitted uses; and
(b) ensures accommodation bond balances are refunded to care recipients in accordance with section 57‑21 of the Act.
(2) Without limiting the matters that a governance system may deal with, the system must provide for the following:
(a) allocating responsibilities to the key personnel of the approved provider in relation to the management of accommodation bond balances held by the provider;
(b) monitoring and controlling any delegation or outsourcing of the allocated responsibilities;
(c) reporting mechanisms for the allocated responsibilities that ensure the key personnel who are responsible for the executive decisions of the approved provider can effectively monitor and control the use of accommodation bond balances;
(d) ensuring that key personnel who are allocated responsibilities, and persons to whom responsibilities are delegated or outsourced, are aware of the requirements of the Act and these Principles in relation to accommodation bonds;
(e) detecting, recording and responding to any failure to comply with those requirements.
(3) An approved provider must:
(a) keep written documentation describing the provider’s governance system; and
(b) ensure that the written documentation of the provider’s governance system is up to date; and
(c) modify or replace its governance system if the provider becomes aware that the system no longer complies with the requirements set out in subsections (1) and (2).
23.38B Requirement for investment management strategy
(1) This section applies to an approved provider that invests an accommodation bond in:
(a) a financial product covered by paragraphs 57-17A(3)(b) to (e) of the Act;
(b) a fund, but not a controlling entity of a fund, listed in item 2 of the Schedule to Banking exemption No. 1 of 2013 made under the Banking Act 1959.
Note: Financial products for paragraph 57-17A(3)(e) of the Act are set out in section 23.64C of these Principles.
(2) An approved provider must implement and maintain a written investment management strategy that sets out:
(a) the approved provider’s investment objectives; and
(b) the approved provider’s assessment of the level of risk to the provider’s ability to refund accommodation bond balances in accordance with the Act; and
(c) a strategy for achieving the investment objectives while ensuring that the approved provider is able to refund accommodation bond balances in accordance with the Act; and
(d) the asset classes the approved provider may invest in; and
(e) investment limits for each asset class that are consistent with the investment objectives; and
(f) key personnel with appropriate skills and experience who are responsible for implementing the investment management strategy.
(3) The investment management strategy must be approved by the key personnel who are responsible for the executive decisions of the approved provider.
(4) An approved provider must:
(a) ensure that any investment of accommodation bonds is in accordance with the provider’s investment management strategy; and
(b) ensure that the provider’s investment management strategy is up to date and complies with the requirements set out in subsection (2); and
(c) modify, or replace, its investment management strategy if the provider becomes aware that the investment management strategy no longer complies with the requirements set out in subsection (2).
Subdivision 3.4—Disclosure Standard
23.40 Annual prudential compliance statement
(1) Within 4 months after the end of each financial year for an approved provider, the approved provider must give the Secretary a written statement (the annual prudential compliance statement) that includes:
(a) the following information:
(i) the total number of bond balances held by the approved provider as at the end of the financial year;
(ii) the total value of bond balances held by the approved provider as at the end of the financial year;
(iii) the total value of accommodation bonds received by the approved provider during the financial year;
(iv) the total amount deducted by the approved provider during the financial year from accommodation bond balances in accordance with section 57‑19 of the Act;
(v) the total amount deducted by the approved provider during the financial year, in accordance with section 57‑19 of the Act, from accommodation bonds that were received during the year;
(vi) the total value of bond balances refunded by the approved provider during the financial year;
(vii) if, during the financial year, bond balances were not refunded in accordance with subsection 57‑21(3) of the Act (other than an accommodation bond balance in relation to which the approved provider has made an agreement as mentioned in subsection 57‑22(1) of the Act) or an applicable formal agreement—the information specified in subsection (2);
(viii) if, for the whole or a part of the financial year, the approved provider was not permitted to charge an accommodation bond for entry by a care recipient to any aged care service that the approved provider is responsible for operating—the period or periods during which the approved provider was not permitted to charge an accommodation bond, and the aged care service in respect of which each period specified applies;
(ix) the use of accommodation bonds by the approved provider during the financial year;
(x) whether any use of accommodation bonds by the approved provider during the financial year:
(A) was not permitted under section 57‑17A of the Act; and
(B) was a use of an accommodation bond in accordance with subitem 12(2) of Schedule 1 to the Aged Care Amendment Act 2011, within 2 years after the commencement of that subitem;
(xi) the total amount expended by the approved provider (whether or not obtained from accommodation bonds) during the financial year on capital expenditure for which use of an accommodation bond would be permitted under paragraph 57‑17A(1)(a) of the Act;
(xii) the total amount expended by the approved provider (whether or not obtained from accommodation bonds) during the financial year on investment in financial products for which use of an accommodation bond would be permitted under paragraph 57‑17A(1)(b) of the Act;
(xiii) the total amount expended by the approved provider (whether or not obtained from accommodation bonds) during the financial year on loans for which use of an accommodation bond would be permitted under paragraph 57‑17A(1)(c) of the Act;
(xiv) the total amount expended by the approved provider (whether or not obtained from accommodation bonds) during the financial year on repaying debt accrued for the purposes of:
(A) capital expenditure of the kind described in subparagraph (xi); or
(B) refunding accommodation bond balances;
(xv) the total amount expended by the approved provider (whether or not obtained from accommodation bonds) during the financial year on repaying debt that accrued before 1 October 2011 if the debt was accrued for the purpose of providing aged care to care recipients;
(xvi) the total amount expended by the approved provider (whether or not obtained from accommodation bonds) during the financial year on each of the uses of accommodation bonds permitted under section 23.64B of these Principles;
(xvii) the amount that has been returned to the approved provider during the financial year from the sale, disposal or redemption of financial products covered by paragraphs 57-17A(3)(b) to (e) of the Act or paragraph 23.64B(1)(c) of these Principles that the approved provider invested in after 1 October 2011, whether or not the investment was obtained from accommodation bonds;
(xviii) the amount identified in the approved provider’s liquidity management strategy, as at the end of the financial year, as the minimum level of liquidity under paragraph 23.37(1)(a);
(xix) any other information determined, by legislative instrument, by the Secretary; and
(b) a statement about whether the approved provider has, during the financial year, complied with:
(i) Subdivision 3.2 of Division 3 of Part 4 of these Principles (the Liquidity Standard); and
(ii) Subdivision 3.3 of Division 3 of Part 4 of these Principles (the Records Standard); and
(iii) Subdivision 3.3A of Division 3 of Part 4 of these Principles (the Governance Standard); and
(iv) Subdivision 3.4 of Division 3 of Part 4 of these Principles (the Disclosure Standard); and
(v) paragraph 57‑2(1)(e) and sections 57‑21, 57‑21A and 57‑21B of the Act; and
(vi) subsection 23.28(3), and Divisions 2 and 5 of Part 4, of these Principles; and
(vii) paragraph 57‑2(1)(k) of the Act; and
(c) if the approved provider has not complied with the Records Standard—a statement about why the approved provider has not complied with the Standard; and
(d) if the approved provider has not complied with the Governance Standard—a statement about why the approved provider has not complied with the Standard; and
(e) if the approved provider has not complied with the Disclosure Standard—the information specified in subsection (3); and
(f) an audit opinion, provided by the person who provides the independent audit mentioned in section 23.41, on whether the approved provider has complied with this Division in the relevant financial year.
Note 1: For bond balance—see subsection 23.3(1).
Note 2: The annual prudential compliance statement must be supported by an independent audit—see section 23.41.
(2) For subparagraph (1)(a)(vii), the approved provider must include the following information in the annual prudential compliance statement:
(a) the total number of accommodation bond balances (if any) not refunded in accordance with subsection 57‑21(3) of the Act;
(b) the total number of entry contribution balances (if any) refunded after the last day for the entry contribution balance to be refunded under the formal agreement applying in respect of the entry contribution balance;
(c) the reason or reasons for the delay in refunding the bond balances;
(d) in respect of each reason provided—the total number of instances of delay attributable to the reason.
Note: For bond balance—see subsection 23.3(1).
(3) For paragraph (1)(e), the approved provider must include the following information in the annual prudential compliance statement:
(a) the total number of occasions on which the approved provider did not comply with the Disclosure Standard;
(b) the reason or reasons for the approved provider’s failure to comply with the Disclosure Standard;
(c) in respect of each reason provided—the total number of occasions of non‑compliance attributable to the reason.
23.41 Audit of annual prudential compliance statement
An annual prudential compliance statement must be supported by an independent audit provided by:
(a) a registered company auditor within the meaning of the Corporations Act 2001; or
(b) a person approved by the Secretary under subsection 21.26F(6) of the Residential Care Subsidy Principles 1997.
23.42 Disclosure to care recipients
(1) Within 7 days of an accommodation bond agreement being entered into between an approved provider and a care recipient, the approved provider must give the care recipient (or the care recipient’s representative):
(a) a copy of the agreement; and
(b) if an accommodation bond has been paid, or will be paid, for the care recipient’s entry into the aged care service operated by the approved provider—a copy of the written guarantee of refund of the accommodation bond balance; and
(c) a written statement that the approved provider will provide within 7 days of a request:
(i) a summary of the permitted uses for which accommodation bonds have been used during the previous financial year; and
(ii) information about whether the approved provider has, during the previous financial year, complied with paragraphs 57‑2(1)(k) and (ka) of the Act; and
(iii) information about the number of accommodation bond balances that, in the previous financial year, were not refunded in accordance with subsection 57‑21(3) of the Act or a formal agreement; and
(iv) if the approved provider is investing accommodation bonds in financial products covered by paragraphs 57‑17A(3)(b) to (e) of the Act—the approved provider’s investment objectives and the asset classes the approved provider may invest in, as recorded in the approved provider’s investment management strategy; and
(v) a copy of the audit opinion mentioned in paragraph 23.40(1)(f) for the previous financial year; and
(vi) a copy of either:
(A) the most recent statement of the audited accounts in relation to the aged care service; or
(B) if the aged care service is operated as part of a broader organisation—the most recent statement of the audited accounts of the organisation’s aged care component; and
(vii) a copy of the entry in the bond register that relates to the care recipient, as at the time of the request.
Note: For bond balance—see subsection 23.3(1).
(2) Within 4 months after the end of each financial year for an approved provider, the approved provider must give to each care recipient (or to the care recipient’s representative) in respect of whom a bond has been paid for entry to the aged care service operated by the approved provider:
(a) a copy of the entry in the bond register that relates to the care recipient as at the end of the financial year; and
(b) a written statement that the approved provider will provide, within 7 days of a request, the information and documents mentioned in paragraph (1)(c).
Note: For bond—see subsection 23.3(1).
(3) Within 7 days of a request from a care recipient in respect of whom a bond has been paid for entry to the aged care service operated by an approved provider, or from the care recipient’s representative, the approved provider must give the care recipient (or the representative) the information and documents mentioned in paragraph (1)(c).
Note: For bond—see subsection 23.3(1).
23.43 Disclosure to prospective care recipients
Within 7 days of a request from a prospective care recipient or a prospective care recipient’s representative, an approved provider must give the prospective care recipient (or the representative) the information and documents mentioned in subparagraphs 23.42(1)(c)(i) to (vi).
Division 5—Contents of accommodation bond agreements
23.47 Purpose of Division (Act, s 57‑9)
This Division specifies additional matters that must be set out in an agreement for it to be an accommodation bond agreement.
23.48 Amount of accommodation bond—no financial hardship
(1) This section applies if an accommodation bond is not paid, or a lower amount of accommodation bond is proposed to be paid, because the care recipient has applied to the Secretary:
(a) for a determination under paragraph 57‑14(1)(a) of the Act that the care recipient must not be charged an accommodation bond because payment of an accommodation bond would cause the care recipient financial hardship; or
(b) for a determination under paragraph 57‑14(1)(b) of the Act that the care recipient must not be charged an accommodation bond of more than a specified maximum amount because payment of more than that amount would cause the care recipient financial hardship.
(2) The accommodation bond agreement must state the amount of accommodation bond payable by the care recipient if:
(a) the Secretary declines to make the determination; or
(b) the determination is made but later ceases to be in force.
23.49 Retention amounts and interest, or interest equivalent, charges
(1) The accommodation bond agreement must state, in dollar terms, the amount of each retention amount that will be deducted from the accommodation bond balance.
Note: For retention amounts, see s 57‑20 of the Act, and for maximum retention amounts, see s 23.71 of these Principles.
(2) The agreement must state:
(a) the rate of interest or interest equivalent payable if the accommodation bond:
(i) is paid wholly or partly as a lump sum after the due date; or
(ii) is paid by periodic payments; or
(iii) has not been paid when it was due to be paid; and
(b) the way interest, or interest equivalent, charges are calculated; and
(c) the total amount of interest, or interest equivalent, charges payable under the agreement:
(i) if it can be calculated when the agreement is made; and
(ii) assuming that the care recipient will make all payments when they are due; and
(d) the retention amounts payable if the care recipient is provided with care for not more than 2 months; and
(e) the frequency at which interest, or interest equivalent, charges will be debited.
23.49A Payment of accommodation bond before refund of pre‑allocation lump sum (Act, s 14‑5)
(1) If the Secretary imposes a condition of allocation under section 14‑5 of the Act on an allocation of places within a residential care service (the effect of which is that the person must refund any pre‑allocation lump sums within a time specified in the condition) and a care recipient has paid a pre‑allocation lump sum for care within that residential care service, an accommodation bond must not be charged until:
(a) the pre‑allocation lump sum has been refunded to the care recipient; and
(b) the approved provider has complied with the rules in section 57‑2 of the Act.
(2) If an approved provider first complies with the rules in section 57‑2 of the Act after the time specified in the condition for the refund of the pre‑allocation lump sum, the care recipient must not be required to pay an accommodation bond earlier than 21 days after the approved provider first complied with those rules.
23.50 Periodic payments
(1) This section applies if the care recipient elects to pay the accommodation bond wholly or partly by periodic payments.
(2) The accommodation bond agreement must state:
(a) the amount of the lump sum equivalent; and
(b) the amount and frequency of the periodic payments; and
(c) the components of each periodic payment representing:
(i) retention; and
(ii) interest.
23.51 Conversion from periodic payments to payment by lump sum
(1) This section applies if the care recipient elects to pay the accommodation bond wholly or partly by periodic payments.
(2) The accommodation bond agreement must state that the care recipient may, at any time, pay as a lump sum all or part of the lump sum equivalent.
23.52 Providing information to third parties
(1) The accommodation bond agreement must state that, if a care recipient wishes to move from one residential care service (the original service) to another residential care service (the new service), the approved provider of the original service may ask the care recipient for permission to provide the information mentioned in subsection (2) to the approved provider of the new service.
(2) The information is:
(a) whether the care recipient has agreed to pay an accommodation bond; and
(b) if so, the amount agreed and, if the care recipient has agreed to pay amount wholly or partly by periodic payments, the lump sum equivalent; and
(c) the period remaining during which, under section 57‑20 of the Act, retention amounts may be deducted from the care recipient’s accommodation bond balance; and
(d) amounts that may be deducted from the accommodation bond balance.
Division 6—Making financial hardship determinations
23.53 Purpose of Division (Act, s 57‑14)
This Division specifies:
(a) matters relevant to the making of a determination by the Secretary that a person must not be charged an accommodation bond or must not be charged more than a specified maximum amount of accommodation bond, because payment of an accommodation bond or payment of an accommodation bond of more than the specified amount would cause the person financial hardship; and
(b) some circumstances constituting financial hardship.
23.54 Income assessment required before determination made
The Secretary may make a determination for a care recipient only if the care recipient’s income has been assessed under the Social Security Act 1991 or Veterans’ Entitlements Act 1986.
23.55 Effect of determination
A determination may be expressed to take effect from a date before it is made.
23.56 Circumstances constituting financial hardship
(1) In this section:
unrealisable asset has the meaning given by subsections 11(12) and (13) of the Social Security Act 1991.
(2) Payment of an accommodation bond or payment of a specified maximum amount of accommodation bond would cause a person financial hardship if, for example:
(a) the payment would cause hardship to the person’s partner or a dependent child of the person; or
(b) the value of the person’s assets, other than unrealisable assets, is less than the minimum permissible asset value.
(3) In making a determination under paragraph 57‑14(1)(a) or (b) of the Act, the Secretary may consider any of the following matters:
(a) the person’s financial arrangements;
(4A) The care recipient must not be charged an ongoing home care fee for any period during which the care recipient is on leave from the home care service and receiving;
(a) transition care; or
(b) residential care provided as respite care.
(5) For this section:
income:
(a) means income after income tax and medicare levy; and
(b) does not include:
(i) pharmaceutical allowance, rent assistance or telephone allowance payable under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; or
(ii) a pension supplement payable under the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; or
(iii) in relation to a pension payable under the Veterans’ Entitlements Act 1986 (except a service pension), an amount equal to 4% of the amount of the pension.
transition care has the meaning given by section 15.28 of the Flexible Care Subsidy Principles 1997.
Division 3—Home care fees and services
23.90 Purpose of Division (Act, s 56‑2)
This Division specifies other responsibilities of approved providers about home care fees.
23.91 Nature and level of home care fees for care and services
(1) An approved provider may charge a care recipient only the following kinds of fees:
(a) ongoing fees;
(c) fees for the provision or arrangement of any care, other than home care, that is part of the agreed care plan.
(2)The approved provider must not levy or impose home care fees for the care recipient on anyone else, but someone else may choose to pay the care recipient’s home care fees.
23.92 Home care fees—inability to pay and reduction for financial hardship
(1) An approved provider must not refuse a home care service to a care recipient because of the care recipient’s inability to pay a home care fee.
(2) In deciding the care recipient’s capacity to pay, regard must be had to any exceptional and unavoidable expenses of the care recipient.
Example of exceptional and unavoidable expense: High pharmaceutical bills.
(3) The amount of the care recipient’s expenses must be reviewed at least annually, or at such shorter intervals as the care recipient reasonably asks.
(4) The approved provider need not seek information about the care recipient’s income to work out the amount of the care recipient’s ongoing fees, but the approved provider must:
(a) take account of all information given by the care recipient; and
(b) tell the care recipient about the effect of this subsection.
Part 8—Requirements for home care agreements
23.93 Purpose of Part (Act, s 61‑1)
This Division specifies requirements that a home care agreement entered into between a care recipient and an approved provider must comply with.
23.94 Entry into a home care agreement
(1)A home care agreement must be offered to a prospective care recipient before a date for the start of home care services is agreed.
(2)The approved provider must provide the care recipient with guidance (and, if appropriate, interpreter services) to understand the terms and effect of the proposed agreement.
23.95 Provisions of a home care agreement
A home care agreement must comply with the following requirements:
(a) the agreement must include:
(i) a statement about whether the home care will be delivered on a consumer directed care basis;
(ii) a statement about the level of home care to be provided to the care recipient;
(iii) a clear itemised statement of the fees (if any) payable by the care recipient and how those fees are calculated;
(iv) a statement that the care plan, including any changes to the care plan, will be provided to the care recipient;
(b) the agreement must allow the care recipient to suspend provision of home care;
(c) the agreement must state a date for the start of the home care services;
(d) the agreement must provide conditions under which either party may terminate the home care services;
(da) the agreement must provide:
(i) that the agreement may be varied:
(A) by the approved provider, if the variation is necessary to implement the A New Tax System (Goods and Services Tax) Act 1999; or
(B) in any other case, by mutual consent, following adequate consultation, of the care recipient and approved provider; and
(ii) that the agreement must not be varied under sub‑subparagraph (i)(A) unless the approved provider has given reasonable notice in writing about the variation to the care recipient; and
(iii) that the agreement must not be varied in a way that is inconsistent with the A New Tax System (Goods and Services Tax) Act 1999, the Aged Care Act 1997 or the Extra Service Principles 1997;
(e) the agreement must provide for the giving of financial information, relevant to the care and services, to the care recipient;
(f) the agreement must state the home care that the care recipient has been assessed as requiring;
(g) the agreement must state the care recipient’s rights in relation to decisions about the kind of home care that the care recipient is to receive;
(h) the agreement must include a guarantee that all reasonable steps will be taken to protect the confidentiality, so far as legally permissible, of information provided by the care recipient, and details of use to be made by the provider of the information;
(i) the agreement must state that the care recipient is entitled to make, without fear of reprisal, any complaint about the provision of home care, and state the mechanisms for making such a complaint;
(j) the agreement must provide for the provision by the provider, within 7 days after the care recipient asks, of:
(i) a clear and simple presentation of the financial position of the home care service, including the costs of home care, that explains any ongoing fees payable by the care recipient; and
(ii) a copy of the most recent version of the provider’s audited accounts;
(k) the agreement must be expressed in plain language and be readily understandable.
Schedule 1—Charter of residents’ rights and responsibilities
(sections 23.12 and 23.14)
A. Each resident of a residential care service has the right:
·to full and effective use of his or her personal, civil, legal and consumer rights
·to quality care appropriate to his or her needs
·to full information about his or her own state of health and about available treatments
·to be treated with dignity and respect, and to live without exploitation, abuse or neglect
·to live without discrimination or victimisation, and without being obliged to feel grateful to those providing his or her care and accommodation
·to personal privacy
·to live in a safe, secure and homelike environment, and to move freely both within and outside the residential care service without undue restriction
·to be treated and accepted as an individual, and to have his or her individual preferences taken into account and treated with respect
·to continue his or her cultural and religious practices, and to keep the language of his or her choice, without discrimination
·to select and maintain social and personal relationships with anyone else without fear, criticism or restriction
·to freedom of speech
·to maintain his or her personal independence
·to accept personal responsibility for his or her own actions and choices, even though these may involve an element of risk, because the resident has the right to accept the risk and not to have the risk used as a ground for preventing or restricting his or her actions and choices
·to maintain control over, and to continue making decisions about, the personal aspects or his or her daily life, financial affairs and possessions
·to be involved in the activities, associations and friendships of his or her choice, both within and outside the residential care service
·to have access to services and activities available generally in the community
·to be consulted on, and to choose to have input into, decisions about the living arrangements of the residential care service
·to have access to information about his or her rights, care, accommodation and any other information that relates to the resident personally
·to complain and to take action to resolve disputes
·to have access to advocates and other avenues of redress
·to be free from reprisal, or a well‑founded fear of reprisal, in any form for taking action to enforce his or her rights.
B. Each resident of a residential care service has the responsibility:
·to respect the rights and needs of other people within the residential care service, and to respect the needs of the residential care service community as a whole
·to respect the rights of staff and the proprietor to work in an environment free from harassment
·to care for his or her own health and well‑being, as far as he or she is capable
·to inform his or her medical practitioner, as far as he or she is able, about his or her relevant medical history and current state of health.
Schedule 2—Charter of rights and responsibilities for home care
(sections 23.24 and 23.25)
Rights
Each care recipient has the following rights:
1. GENERAL
(a) to be treated and accepted as an individual, and to have his or her individual preferences respected
(b) to be treated with dignity, with his or her privacy respected
(c) to receive care that is respectful of him or her, and his or her family and home
(d) to receive care without being obliged to feel grateful to those providing the care
(e) to full and effective use of all human, legal and consumer rights, including the right to freedom of speech regarding his or her care
(f) to be treated without exploitation, abuse, discrimination, harassment or neglect
2. PARTICIPATION
(a) to be involved in identifying the home care most appropriate for his or her needs
(b) to choose the care and services that best meet his or her assessed needs, from the home care able to be provided and within the limits of the resources available
(c) to participate in making decisions that affect him or her
(d) to have his or her representative participate in decisions relating to his or her care if he or she does not have capacity
3. CARE AND SERVICES
(a) to receive reliable, coordinated, safe, quality care and services which are appropriate to his or her assessed needs
(b) to be given before, or within 14 days after he or she commences receiving care, a written plan of the care and services that he or she expects to receive
(c) to receive care and services as described in the plan that take account of his or her other care arrangements and cultural, linguistic and religious preferences
(d) to ongoing review of the care and services he or she receives (both periodic and in response to changes in his or her personal circumstances), and modification of the care and services as required
4. PERSONAL INFORMATION
(a) to privacy and confidentiality of his or her personal information
(b) to access his or her personal information
5. COMMUNICATION
(a) to be helped to understand any information he or she is given
(b) to be given a copy of the Charter of Rights and Responsibilities for Home Care
(c) to be offered a written agreement that includes all agreed matters
(d) to choose a person to speak on his or her behalf for any purpose
6. COMMENTS AND COMPLAINTS
(a) to be given information on how to make comments and complaints about the care and services he or she receives
(b) to complain about the care and services he or she receives, without fear of losing the care or being disadvantaged in any other way
(c) to have complaints investigated fairly and confidentially, and to have appropriate steps taken to resolve issues of concern
7. FEES
(a) to have his or her fees determined in a way that is transparent, accessible and fair
(b) to receive invoices that are clear and in a format that is understandable
(c) to have his or her fees reviewed periodically and on request when there are changes to his or her financial circumstances
(d) not to be denied care and services because of his or her inability to pay a fee for reasons beyond his or her control
Responsibilities
Each care recipient has the following responsibilities:
1. GENERAL
(a) to respect the rights of care workers to their human, legal and industrial rights including the right to work in a safe environment
(b) to treat care workers without exploitation, abuse, discrimination or harassment
2. CARE AND SERVICES
(a) to abide by the terms of the written agreement
(b) to acknowledge that his or her needs may change and to negotiate modifications of care and service when his or her care needs do change
(c) to accept responsibility for his or her own actions and choices even though some actions and choices may involve an element of risk
3. COMMUNICATION
(a) to give enough information to assist the approved provider to develop, deliver and review a care plan
(b) to tell the approved provider and their staff about any problems with the care and services
4. ACCESS
(a) to allow safe and reasonable access for care workers at the times specified in his or her care plan or otherwise by agreement
(b) to provide reasonable notice if he or she does not require a service
5. FEES
(a) to pay any fees as specified in the agreement or negotiate an alternative arrangement with the provider if any changes occur in his or her financial circumstances
(b) to provide enough information for the approved provider to determine an appropriate level of fees
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s) | (prev) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s) | rs = repealed and substituted |
| LI = Legislative Instrument | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification | Sdiv = Subdivision(s) |
| No = Number(s) | SLI = Select Legislative Instrument |
| o = order(s) | SR = Statutory Rules |
| Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
| orig = original | SubPt = Subpart(s) |
| par = paragraph(s)/subparagraph(s) /sub-subparagraph(s) |
Endnote 3—Legislation history
| Name | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
| User Rights Principles 1997 | 29 Sept 1997 (see Gazette 1997, No. S380) | 1 Oct 1997 | |
| User Rights Principles Amendment (No. 1) 1997 | 29 Sept 1997 (see Gazette 1997, No. S380) | 1 Oct 1997 | — |
| User Rights Principles Amendment (No. 2) 1997 | 3 Nov 1997 (see Gazette 1997, No. S445) | 1 Oct 1997 | — |
| User Rights Principles Amendment (No. 3) 1997 | 6 Nov 1997 (see Gazette 1997, No. S453) | 6 Nov 1997 | — |
| User Rights Principles Amendment (No. 4) 1997 | 10 Nov 1997 (see Gazette 1997, No. S456) | 10 Nov 1997 | — |
| User Rights Principles Amendment (No. 5) 1997 | 21 Nov 1997 (see Gazette 1997, No. S477) | 21 Nov 1997 | — |
| User Rights Principles Amendment (No. 6) 1997 | 3 Dec 1997 (see Gazette 1997, No. S502) | ss. 1–3 and 4.1: 6 Nov 1997 Remainder: 3 Dec 1997 | — |
| User Rights Principles Amendment (No. 7) 1997 | 24 Dec 1997 (see Gazette 1997, No. S559) | 24 Dec 1997 | — |
| User Rights Amendment Principles 1998 (No. 1) | 28 Aug 1998 (see Gazette 1998, No. S427) | 28 Aug 1998 | — |
| User Rights Amendment Principles 1999 (No. 1) | 1 June 1999 (see Gazette 1999, No. S225) | 1 June 1999 | — |
| User Rights Amendment Principles 1999 (No. 2) | 22 Oct 1999 (see Gazette 1999, No. S501) | 21 Oct 1999 (see s. 2 and Gazette 1999, No. S496) | — |
| User Rights Amendment Principles 1999 (No. 3) | 19 Jan 2000 (see Gazette 2000, No. GN2) | 19 Jan 2000 | — |
| User Rights Amendment Principles 2000 (No. 1) | 29 May 2000 (see Gazette 2000, No. S272) | 29 May 2000 | — |
| User Rights Amendment Principles 2000 (No. 2) | 30 June 2000 (see Gazette 2000, No. S361) | 30 June 2000 | — |
| User Rights Amendment Principles 2000 (No. 3) | 30 June 2000 (see Gazette 2000, No. S361) | 1 July 2000 | — |
| User Rights Amendment Principles 2000 (No. 4) | 31 July 2000 (see Gazette 2000, No. S419) | 31 July 2000 | — |
| User Rights Amendment Principles 2000 (No. 5) | 31 July 2000 (see Gazette 2000, No. S419) | 31 July 2000 | — |
| User Rights Amendment Principles 2001 (No. 1) | 29 June 2001 (see Gazette 2001, No. S245) | 30 June 2001 (see s. 2) | — |
| User Rights Amendment Principles 2001 (No. 2) | 16 Oct 2001 (see Gazette 2001, No. S436) | 16 Oct 2001 | s. 4 |
| User Rights Amendment Principles 2003 (No. 1) | 29 Aug 2003 (see Gazette 2003, No. S332) | 1 Sept 2003 | — |
| User Rights Amendment Principles 2004 (No. 1) | 30 June 2004 (see Gazette 2004, No. S252) | 1 July 2004 | — |
| User Rights Amendment Principles 2005 (No. 1) | 30 June 2005 (see F2005L01885) | 1 July 2005 | — |
| User Rights Amendment Principles 2006 (No. 1) | 16 May 2006 (see F2006L01469) | ss. 1–5 and Schedule 1: 31 May 2006 Remainder: 1 July 2006 | s. 4 |
| User Rights Amendment Principles 2008 (No. 1) | 19 Mar 2008 (see F2008L00905) | 20 Mar 2008 | — |
| User Rights Amendment Principles 2008 (No. 2) | 19 Sept 2008 (see F2008L03516) | 20 Sept 2008 | — |
| User Rights Amendment Principles 2008 (No. 3) | 19 Dec 2008 (see F2008L04696) | 1 Jan 2009 (see s. 2) | s. 4 |
| User Rights Amendment Principles 2009 (No. 1) | 19 Mar 2009 (see F2009L01152) | 20 Mar 2009 | — |
| User Rights Amendment Principles 2009 (No. 2) | 18 Sept 2009 (see F2009L03559) | 1 Oct 2009 | — |
| User Rights Amendment Principles 2009 (No. 3) | 18 Sept 2009 (see F2009L03567) | 20 Sept 2009 | — |
| User Rights Amendment Principles 2010 (No. 1) | 18 Mar 2010 (see F2010L00602) | 20 Mar 2010 | — |
| User Rights Amendment Principles 2010 (No. 2) | 15 Sept 2010 (see F2010L02480) | 20 Sept 2010 | — |
| User Rights Amendment Principles 2011 (No. 1) | 11 Mar 2011 (see F2011L00411) | 20 Mar 2011 | — |
| User Rights Amendment Principles 2011 (No. 2) | 14 Sept 2011 (see F2011L01896) | 20 Sept 2011 | — |
| User Rights Amendment Principles 2011 (No. 3) | 29 Sept 2011 (see F2011L01991) | ss. 1–3 and Schedule 1: 1 Oct 2011 Schedule 2: 1 Feb 2012 | — |
| User Rights Amendment Principles 2012 (No. 1) | 20 Mar 2012 (see F2012L00605) | 20 Mar 2012 | — |
| User Rights Amendment Principles 2012 (No. 2) | 26 June 2012 (see F2012L01346) | 1 July 2012 | — |
| User Rights Amendment Principles 2012 (No. 3) | 17 Sept 2012 (see F2012L01881) | 20 Sept 2012 | — |
| User Rights Amendment Principles 2012 (No. 4) | 18 Oct 2012 (see F2012L02058) | 19 Oct 2012 | — |
| User Rights Amendment Principles 2013 (No. 1) | 15 Mar 2013 (see F2013L00467) | 20 Mar 2013 | — |
| User Rights Amendment (Various Measures) Principle 2013 | 11 July 2013 (see F2013L01352) | 1 Aug 2013 | — |
| User Rights Amendment (September Indexation Measures) Principle 2013 | 19 Sept 2013 (see F2013L01717) | 20 Sept 2013 | — |
| User Rights Amendment (Investment of Accommodation Bonds) Principle 2013 | 23 Dec 2013 (see F2013L02186) | 24 Dec 2013 | — |
| User Rights Amendment (March Indexation Measures) Principle 2014 | 18 Mar 2014 (see F2014L00287) | 20 Mar 2014 | — |
| User Rights Amendment (Publication of Accommodation Payment Information) Principles 2014 | 23 Apr 2014 (see F2014L00432) | 19 May 2014 | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| s. 23.3............................... | am. Nos. 3, 4, 5 and 7, 1997; No. 1, 1999; No. 2, 2000; No. 1, 2001; No. 1, 2006; No. 3, 2008 ; No. 4, 2012; F2013L01352 |
| Note to s. 23.3.................. | rs. No. 1, 1998 |
| am. No. 2, 1999; No. 3, 2011 | |
| rs. F2013L01352 | |
| Part 2 | |
| Div. 1 of Part 2 Renumbered Div. 6........... of Part 2 | No. 2, 1999 |
| s. 23.4 | |
| Renumbered s. 23.18........ | No. 2, 1999 |
| s. 23.5 | |
| Renumbered s. 23.19........ | No. 2, 1999 |
| Division 1 | |
| Div. 2 of Part 2 | |
| Renumbered Div. 1........... of Part 2 | No. 2, 1999 |
| s. 23.6 | |
| Renumbered s. 23.4.......... | No. 2, 1999 |
| s. 23.7 | |
| Renumbered s. 23.5.......... | No. 2, 1999 |
| s. 23.8 | |
| Renumbered s. 23.6.......... | No. 2, 1999 |
| Division 2 | |
| Div. 3 of Part 2 | |
| Renumbered Div. 2........... of Part 2 | No. 2, 1999 |
| s. 23.9 | |
| Renumbered s. 23.7.......... | No. 2, 1999 |
| s. 23.10 | |
| Renumbered s. 23.8.......... | No. 2, 1999 |
| Division 3 | |
| Div. 4 of Part 2 | |
| Renumbered Div. 3........... of Part 2 | No. 2, 1999 |
| s. 23.11 | |
| Renumbered s. 23.9.......... | No. 2, 1999 |
| s. 23.12 | |
| Renumbered s. 23.10........ | No. 2, 1999 |
| Division 4 | |
| Div. 5 of Part 2 | |
| Renumbered Div. 4........... of Part 2 | No. 2, 1999 |
| s. 23.13 | |
| Renumbered s. 23.11........ | No. 2, 1999 |
| s. 23.14 | |
| Renumbered s. 23.12........ | No. 2, 1999 |
| Division 5 | |
| Div. 6 of Part 2 | |
| Renumbered Div. 5........... of Part 2 | No. 2, 1999 |
| s. 23.15 | |
| Renumbered s. 23.13........ | No. 2, 1999 |
| s. 23.13............................. | am. No. 1, 2006 |
| s. 23.14A.......................... | ad. No. 2, 2012 |
| s. 23.16 | |
| Renumbered s. 23.14........ | No. 2, 1999 |
| s. 23.17 | |
| Renumbered s. 23.15........ | No. 2, 1999 |
| s. 23.18............................. | am. No. 1, 1999 |
| Renumbered s. 23.16........ | No. 2, 1999 |
| s. 23.19 | |
| Renumbered s. 23.17........ | No. 2, 1999 |
| s. 23.17............................. | am. No. 1, 2006 |
| rs. No. 1, 2006 | |
| s. 23.17A.......................... | ad. No. 1, 2000 |
| s 23.17B........................... | ad F2014L00432 |
| Division 6 | |
| Div. 6 of Part 2................. | No. 2, 1999 |
| (formerly Div. 1 of Part 2) | |
| s. 23.18............................. | No. 2, 1999 |
| (formerly s. 23.4) | |
| s. 23.19............................. | No. 2, 1999 |
| (formerly s. 23.5) | |
| Part 3 | |
| Heading to Part 3............... | am. F2013L01352 |
| Division 3 | |
| s. 23.20............................. | am. F2013L01352 |
| s. 23.21............................. | am. F2013L01352 |
| s. 23.22............................. | am. F2013L01352 |
| s. 23.23............................. | am. F2013L01352 |
| s. 23.24............................. | rs. No. 2, 2009 |
| am. F2013L01352 | |
| s. 23.25............................. | rs. No. 2, 2009 |
| am. F2013L01352 | |
| s. 23.26............................. | am. F2013L01352 |
| Pt 3A | |
| Pt 3A................................. | ad. No. 2, 2009 |
| rep. F2013L01352 | |
| ad F2014L00432 | |
| s. 23.26A.......................... | ad. No. 2, 2009 |
| rep. F2013L01352 | |
| ad F2014L00432 | |
| s. 23.26B.......................... | ad. No. 2, 2009 |
| rep. F2013L01352 | |
| ad F2014L00432 | |
| Part 4 | |
| Division 1A | |
| Div. 1A of Part 4............... | ad. No. 2, 1999 |
| s. 23.27A.......................... | ad. No. 2, 1999 |
| am. No. 1, 2006 | |
| Division 1 | |
| s. 23.27............................. | am. No. 1, 2006 |
| s. 23.28............................. | am. Nos. 5 and 7, 1997; No. 1, 2006; No. 1, 2008 |
| Division 2A | |
| Div. 2A of Part 4............... | ad. No. 1, 2006 |
| s. 23.28A.......................... | ad. No. 1, 2006 |
| s. 23.28B.......................... | ad. No. 1, 2006 |
| Division 2 | |
| s. 23.30............................. | am. No. 1, 1997; No. 3, 2008 |
| s. 23.30A.......................... | ad. No. 2, 1999 |
| s. 23.31............................. | am. Nos. 1 and 2, 1999; No. 2, 2000 |
| Division 3 | |
| Div. 3 of Part 4................. | rs. No. 1, 2006 |
| Subdivision 3.1 | |
| s. 23.32............................. | rs. No. 1, 2006 |
| am. No. 3, 2011 | |
| s. 23.33............................. | am. Nos. 5 and 7, 1997 |
| rs. No. 1, 2006 | |
| s. 23.34............................. | am. No. 7, 1997 |
| rs. No. 1, 2006 | |
| am. No. 3, 2011 | |
| s. 23.35............................. | rs. No. 1, 2006 |
| Subdivision 3.2 | |
| s. 23.36............................. | rs. No. 1, 2006 |
| s. 23.37............................. | rs. No. 1, 2006 |
| Subdivision 3.3 | |
| s. 23.38............................. | rs. No. 1, 2006 |
| am. No. 3, 2008; F2013L01352 | |
| s. 23.38A.......................... | ad. No. 5, 1997 |
| am. No. 7, 1997 | |
| rep. No. 1, 2006 | |
| Subdivision 3.3A | |
| Subdiv. 3.3A of Div. 3...... | ad. No. 3, 2011 |
| s. 23.38A.......................... | ad. No. 3, 2011 |
| s. 23.38B.......................... | ad. No. 3, 2011 |
| rs. F2013L01352 | |
| am F2013L02186 | |
| Subdivision 3.4 | |
| s. 23.39............................. | rs. No. 1, 2006 |
| rep. No. 3, 2011 | |
| s. 23.40............................. | rs. No. 1, 2006 |
| am. No. 1, 2006; No. 3, 2008; No. 3, 2011; F2013L01352 | |
| Heading to Div. 3A........... of Part 4 | rs. No. 7, 1997 rep. No. 1, 2006 |
| Div. 3A of Part 4............... | ad. No. 5, 1997 |
| rep. No. 1, 2006 | |
| s. 23.40A.......................... | ad. No. 5, 1997 |
| am. No. 7, 1997 | |
| rep. No. 1, 2006 | |
| s. 23.40B.......................... | ad. No. 5, 1997 |
| rs. No. 7, 1997 | |
| am. No. 2, 2001 | |
| rep. No. 1, 2006 | |
| s. 23.41............................. | rs. No. 1, 2006 |
| s. 23.42............................. | am. No. 7, 1997 |
| rep. No. 1, 2006 | |
| ad. No. 1, 2006 | |
| rs. No. 3, 2011 | |
| am. No. 3, 2011 | |
| s. 23.43............................. | rs. No. 1, 2006; No. 3, 2011 |
| Div. 4 of Part 4................. | rep. No. 1, 2006 |
| ss. 23.44–23.46................ | rep. No. 1, 2006 |
| s. 23.46A.......................... | ad. No. 5, 1997 |
| am. No. 7, 1997 | |
| rep. No. 1, 2006 | |
| Division 5 | |
| s. 23.48............................. | am. No. 3, 2008 |
| s. 23.49A.......................... | ad. No. 3, 2008 |
| Div. 5A of Part 4............... | ad. No. 3, 1997 rep. No. 2, 1999 |
| s. 23.52A.......................... | ad. No. 3, 1997 |
| rep. No. 2, 1999 | |
| s. 23.52B.......................... | ad. No. 3, 1997 |
| am. No. 4, 1997 | |
| rep. No. 2, 1999 | |
| Division 6 | |
| s. 23.53............................. | am. No. 3, 2008 |
| s. 23.56............................. | am. No. 2, 1997; No. 1, 1998; No. 1, 2005; No. 3, 2008 |
| Division 7 | |
| s. 23.57............................. | am. No. 3, 2008 |
| Note to s. 23.57................ | am. No. 3, 2008 |
| s. 23.58............................. | am. No. 3, 2008 |
| Division 8 | |
| s. 23.62............................. | am. No. 1, 1999; No. 2, 2000 |
| s. 23.64............................. | am. No. 1, 1997 |
| Division 8A | |
| Div. 8A of Part 4............... | ad. No. 3, 2011 |
| s. 23.64A.......................... | ad. No. 3, 2011 |
| s. 23.64B.......................... | ad. No. 3, 2011 |
| rs. F2013L01352 | |
| am F2013L02186 | |
| s. 23.64C.......................... | ad. No. 3, 2011 |
| Division 9 | |
| s. 23.66............................. | am. No. 1, 1997; No. 1, 1999; No. 2, 2000 |
| s. 23.67A.......................... | ad. No. 1, 1998 |
| am. No. 3, 2008 | |
| Division 10 | |
| s. 23.69............................. | am. No. 1, 1999; No. 2, 2000 |
| Division 11 | |
| s. 23.71............................. | am. No. 3, 1997; No. 2, 1999 |
| s. 23.72............................. | am. No. 2, 1999 |
| s. 23.73............................. | am. No. 2, 1999 |
| Division 12 | |
| s. 23.75............................. | am. No. 1, 1998 |
| s. 23.75A.......................... | ad. No. 1, 1998 |
| am. No. 3, 2008 | |
| Division 14 | |
| Div. 14 of Part 4............... | rep. No. 3, 1999 |
| ad. No. 1, 2006 | |
| s. 23.79............................. | rep. No. 3, 1999 |
| s. 23.79A.......................... | ad. No. 1, 2006 |
| am. No. 3, 2008 | |
| s. 23.79B.......................... | ad. No. 1, 2006 |
| am. No. 3, 2008 | |
| s. 23.79C.......................... | ad. No. 1, 2006 |
| am. No. 3, 2008 | |
| s. 23.79D.......................... | ad. No. 1, 2006 |
| am. No. 3, 2008 | |
| s. 23.79E.......................... | ad. No. 1, 2006 |
| am. No. 3, 2008 | |
| s. 23.80............................. | am. No. 2, 1999 |
| rep. No. 3, 1999 | |
| Division 15 | |
| Div. 15 of Part 4............... | rep. No. 2, 1999 |
| ad. No. 1, 2006 | |
| s. 23.80A.......................... | ad. No. 1, 2006 |
| am. No. 3, 2008 | |
| s. 23.80B.......................... | ad. No. 1, 2006 |
| am. No. 3, 2008 | |
| s. 23.80C.......................... | ad. No. 1, 2006 |
| am. No. 3, 2008 | |
| s. 23.80D.......................... | ad. No. 1, 2006 |
| am. No. 3, 2008 | |
| s. 23.80E.......................... | ad. No. 1, 2006 |
| am. No. 3, 2008 | |
| s. 23.81............................. | rep. No. 2, 1999 |
| Part 4A | |
| Part 4A ............................. | ad. No. 2, 1999 |
| Division 1 | |
| s. 23.81A.......................... | ad. No. 2, 1999 |
| Division 2 | |
| s. 23.81B.......................... | ad. No. 2, 1999 |
| s. 23.81C.......................... | ad. No. 2, 1999 |
| am. Nos. 1 and 3, 2008 | |
| Note to s. 23.81C.............. | rs. No. 3, 2008 |
| Division 3 | |
| s. 23.81D.......................... | ad. No. 2, 1999 |
| s. 23.81E.......................... | ad. No. 2, 1999 |
| am. No. 3, 2008 | |
| s. 23.81F........................... | ad. No. 2, 1999 |
| Division 4 | |
| s. 23.81G.......................... | ad. No. 2, 1999 |
| rs. No. 3, 2008 | |
| s. 23.81H.......................... | ad. No. 2, 1999 |
| s. 23.81I........................... | ad. No. 2, 1999 |
| s. 23.81J........................... | ad. No. 2, 1999 |
| s. 23.81K.......................... | ad. No. 2, 1999 |
| rs. No. 3, 2008 | |
| Division 5 | |
| s. 23.81L.......................... | ad. No. 2, 1999 |
| s. 23.81M......................... | ad. No. 2, 1999 |
| am. No. 3, 2008 | |
| s. 23.81N.......................... | ad. No. 2, 1999 |
| Division 6 | |
| s. 23.81O.......................... | ad. No. 2, 1999 |
| s. 23.81P........................... | ad. No. 2, 1999 |
| am. No. 1, 2004; Nos. 1 and 2, 2008; Nos. 1 and 3, 2009; Nos. 1 and 2, 2010; Nos. 1 and 2, 2011; Nos. 1 and 3, 2012; F2013L00467 and F2013L01717; F2014L00287 | |
| s. 23.81Q.......................... | ad. No. 2, 1999 |
| am. No. 1, 2004 | |
| Division 7 | |
| s. 23.81R.......................... | ad. No. 2, 1999 |
| am. No. 3, 2008 | |
| s. 23.81S........................... | ad. No. 2, 1999 |
| s. 23.81T.......................... | ad. No. 2, 1999 |
| s. 23.81U.......................... | ad. No. 2, 1999 |
| am. No. 1, 2005; No. 3, 2008 | |
| Division 8 | |
| s. 23.81V.......................... | ad. No. 2, 1999 |
| s. 23.81W......................... | ad. No. 2, 1999 |
| am. No. 3, 2008 | |
| Division 9 | |
| s. 23.81X.......................... | ad. No. 2, 1999 |
| s. 23.81Y.......................... | ad. No. 2, 1999 |
| am. No. 1, 2006 | |
| Div. 10 of Part 4A............. | rep. No. 3, 1999 |
| ss. 23.81Z, 23.81ZA......... | ad. No. 2, 1999 |
| rep. No. 3, 1999 | |
| Part 5 | |
| Division 1 | |
| Heading to Div. 1.............. of Part 5 | ad. No. 1, 2003 |
| s. 23.82............................. | am. No. 5, 1997 |
| rs. No. 1, 2003 | |
| s. 23.83............................. | am. No. 4, 2000 |
| Note to s. 23.83 (2) .......... | rs. No. 4, 2000 |
| s. 23.83A.......................... | ad. No. 3, 1997 |
| am. Nos. 4 and 6, 1997 | |
| rep. No. 1, 2008 | |
| Division 2 | |
| Div. 2 of Part 5................. | ad. No. 1, 2003 |
| s. 23.83B.......................... | ad. No. 5, 1997 |
| rep. No. 2, 1999 | |
| ad. No. 1, 2003 | |
| s. 23.83C.......................... | ad. No. 1, 2003 |
| Part 6 | |
| s. 23.85............................. | am. No. 1, 1997; No. 3, 2000; F2013L01352 |
| Part 7 | |
| Heading to Part 7............... | am. F2013L01352 |
| Division 1 | |
| Heading to Div. 1.............. of Part 7 | am. F2013L01352 |
| s. 23.86............................. | am. F2013L01352 |
| Heading to s. 23.87........... | am. F2013L01352 |
| Division 2 | |
| s. 23.88............................. | am. F2013L01352 |
| Heading to s. 23.89........... | am. F2013L01352 |
| s. 23.89............................. | am. No. 5, 2000; F2013L01352 |
| Division 3 | |
| Heading to Div. 3.............. of Part 7 | am. F2013L01352 |
| s. 23.90............................. | am. F2013L01352 |
| Heading to s. 23.91........... | am. F2013L01352 |
| s. 23.91............................. | am. F2013L01352 |
| Heading to s. 23.92........... | am. F2013L01352 |
| s. 23.92............................. | am. F2013L01352 |
| Part 8 | |
| Heading to Part 8............... | am. F2013L01352 |
| s. 23.93............................. | am. F2013L01352 |
| Heading to s. 23.94........... | am. F2013L01352 |
| s. 23.94............................. | am. F2013L01352 |
| Heading to s. 23.95........... | am. F2013L01352 |
| s. 23.95............................. | am. No. 3, 2000; F2013L01352 |
| Schedule 1 | |
| Heading to Schedule 1....... | rs. No. 2, 1999 |
| Schedule 2........................ | rep. No. 1, 2006 |
| Heading and reference to... Schedule 2 | rs. F2013L01352 |
| Schedule 2 | |
| Schedule 2........................ | ad. No. 2, 2009 |
| am. F2013L01352 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
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