U.P.A
RESIDENTIAL AGED CARE SERVICE
AGREEMENT
Care Service: Thomas & Rosetta Agst Aged Care Service
Agreement between: _______________________________________________
AND
United Protestant Association of NSW Ltd (UPA)
Residential Aged Care Service: Thomas & Rosetta Agst Aged Care Service
U.P.A District/Region: UPA Sydney North
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RESIDENT AGREEMENT (NSW & ACT)
CONTENTS
Summary of Main Items
Standard Conditions
Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Introduction
To assist your understanding
Cooling off period
Agreed date of entry
Accommodation bond or charge
Your accommodation
Transfer
Services and facilities
Medical assessment and treatment
Resident fees and subsidies
Temporary absence
The Charter
Rules of the Care Facility
Personal information
Financial information
Default in payment
Ending the agreement
Complaints resolution
Nominated representative
Delegation by the Organisation
Notices
Interpretation
Variation of this agreement
Miscellaneous
Schedule A
Schedule B
Schedule C
Schedule D
Schedule E
Care and services
The Charter
Complaints resolution process
Accommodation bond (if applicable)
Accommodation charge (if applicable)
*
Special conditions (if any)
Signature page
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RESIDENT AGREEMENT
This is an agreement BETWEEN UPA Sydney North District (called "the Organisation")
AND the person named as Resident in item 2 below.
The Agreement includes the Summary below, the standard conditions and all schedules and
attachments referred to in the Agreement.
SUMMARY OF MAIN ITEMS
Item
1.
Date of agreement: ……………………………….
2.
Resident Name: ………………………………………
Address:
………………………………………
3.
Care facility (where the resident will live): Thomas & Rosetta Agst Aged Care Service
Address:
1634 Pacific Highway, Wahroonga NSW 2076
4.
Agreed date of entry (refer to clause 4.01): ………………………………….
5.
Is an accommodation charge payable?
If Schedule E is attached, an accommodation
charge will be payable in accordance with
Schedule E.
*Yes/No
Is an accommodation bond payable?
If Schedule D is attached, an accommodation
Bond will be payable in accordance with
Schedule D.
*Yes/No
6.
Interim resident fee (refer to clause 10.02)
$
7.
Interest rate for late payment calculations
(refer to clauses 16.01 - 16.02)
563.50 per fortnight
8.92% p.a.
8.
The Organisation has the capacity to provide the following levels of care and services:
(a)
to the Resident in the accommodation allocated to the Resident in the Care
Facility
CLASSIFICATION LEVEL ….
(b)
elsewhere in the Care Facility subject to clauses 7.01 and 8.03.
CLASSIFICATION LEVEL ....
The Organisation does not have the capacity to provide a secure environment and
meet the complex nursing needs of persons requiring higher levels of care and
services than mentioned above.
9.
Are any additional services available to residents in the Care Facility?
NO
10.
Does this Agreement include an extra services agreement?
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NO
STANDARD CONDITIONS
To the RESIDENT
1.
INTRODUCTION
1.01
These Standard Conditions are included in your Agreement only to the extent that they
are not changed by special conditions or other provisions in your Agreement.
1.02
The Standard Conditions are divided into "sections" 1 to 24. Each section contains
"clauses" e.g. clause 21.01.
2.
TO ASSIST YOUR UNDERSTANDING
2.01
These Standard Conditions are addressed to the person named in item 2 of the
Summary as "Resident". Where the words "you" or "your" or "yourself" are used, they
are referring to that person.
2.02
You should read clause 22.01 for further assistance in understanding the following
terms:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Care Facility
Facility Manager
Aged Care Act
your accommodation
accommodation bond
accommodation charge
agreed date of entry
agreed fee
Commonwealth Department
entry date
leave
nominated representative
departing the Care Facility
rules
3.
COOLING OFF PERIOD
3.01
At any time within fourteen (14) days after signing this Agreement you, or your legally
authorised representative, may inform the Organisation by written notice that you
withdraw from this Agreement. If you begin living in the Care Facility (other than for
respite care), your notice will only be effective if you depart from the Care Facility on or
before expiry of the notice.
3.02
When the notice of withdrawal is given:
(a)
this Agreement ceases to operate except as provided in paragraph (b);
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(b)
you must pay the fees and charges payable for any period when you are in the
Care Facility under the Agreement (including all payments due under Schedule
D or E if one of them is applicable); and
(c)
the Organisation must refund any other amount paid by you under this
Agreement.
4.
AGREED DATE OF ENTRY
4.01
You can begin living in the Care Facility on the Agreed Date of Entry referred to in item
4 of the Summary.
4.02
If you take up to seven (7) days pre-entry leave, you will be taken to have entered and
begun living in the Care Facility on the date of commencement of your pre-entry leave.
5.
ACCOMMODATION BOND or ACCOMMODATION CHARGE [delete as
appropriate]
5.01
[If an accommodation bond is payable use the following clause]
This Agreement includes the accommodation bond agreement which is set out in
Schedule D.
5.02
[If an accommodation charge is payable use the following clause]
This Agreement includes the accommodation charge agreement which is set out in
Schedule E.
6.
YOUR ACCOMMODATION
6.01
The Organisation grants you a licence or right to live in accommodation allocated to
you from time to time in the Care Facility. This right is personal to you and cannot be
transferred by you. You will not be a tenant.
6.02
Your right to live in your accommodation is subject to the right of the Organisation or
its employees or persons acting on its behalf to enter your accommodation to do all
things necessary for the purpose of managing the Care Facility, providing care and
services and fulfilling other responsibilities to you and other residents.
6.03
While you are living in the Care Facility, you have the right to share the use and quiet
enjoyment of the communal areas, facilities and amenities of the Care Facility with
other residents and authorised persons except insofar as the use of such areas,
facilities or amenities is reasonably restricted by the Organisation or the rules of the
Care Facility.
6.04
Your right to live in the Care Facility shall continue until such time as it is terminated in
accordance with Section 17 of these Standard Conditions.
6.05
You will not permit any other person to occupy or share occupancy of your
accommodation in the Care Facility.
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7.
TRANSFER
7.01
If in the opinion of the Organisation it is desirable by reason of your state of health or
for any other sufficient reason that you should move either temporarily or permanently
to other accommodation in the Care Facility, or to a hospital or other more suitable
accommodation, the Organisation will, after consultation with you and/or your
nominated representative and where appropriate, your medical practitioner, endeavour
to arrange the move.
7.02
Current Commonwealth law and policy guidelines on admission to aged care facilities
that receive Commonwealth Government subsidies, require places to be allocated on
a "needs" basis. Access to an aged care facility that will meet your needs is subject to
you being assessed as eligible for admission in accordance with Commonwealth
Government laws and cannot be guaranteed.
7.03
The Aged Care Act provides that you may be moved to another bed or room within the
Care Facility if:
(a)
you agree to move after being fully consulted and without being subject to any
pressure or the move is at your request; or
(b)
the move is necessary on genuine medical grounds as assessed by:
(i) an aged care assessment team; or
(ii) at least two medical or other health practitioners who meet the following
criteria:
one must be independent of the Organisation and the Care Facility,
and must be chosen by you or your nominated representative; and
both must be competent to assess your aged care needs; or
(c)
the place occupied by you becomes an extra service place and you elect not to
pay the extra service amount; or
(d)
the move is necessary because of the need to carry out repairs or
improvements and you have the right to return to your accommodation if it
continues to exist as a bed or a room available for occupation by a resident
when the repairs or improvements are finished.
7.04
You agree that you will move to other accommodation either within or outside the Care
Facility when the move is required by the Organisation for occupational health and
safety reasons or in circumstances where the Organisation cannot otherwise fulfil its
duty of care to you or other residents or to staff of the Organisation.
8.
SERVICES AND FACILITIES
8.01
The Organisation will provide to you the care and services required by the Aged Care
Act according to your needs, as assessed from time to time, subject to clause 8.02.
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Schedule A specifies the care and services required by the Aged Care Act as at 1 July
2006.
8.02
The Organisation has the capacity to provide the levels of care and services set out in
item 8 of the Summary in the Care Facility.
8.03
The Organisation does not promise that, if and when your needs change:
(a)
the Organisation will be able to provide the level of care and services which you
will then require; or
(b)
you will be able to move to accommodation elsewhere in the Care Facility
where levels of care and services appropriate to your needs can be provided.
8.04
Unless the law, any special conditions or the rules of the Care Facility provide
otherwise, the Organisation will not be responsible for loss, damage, maintenance or
repair of any property belonging to you. You will not damage or do anything which will
cause damage to any property belonging to the Organisation or the Care Facility or
another resident.
8.05
The Organisation may from time to time vary any services or facilities if there are
changes in the law or after consultation with you or your nominated representative.
8.06
If at any time the Organisation agrees, at your request or with the consent of yourself
or your nominated representative, to arrange for you to receive any additional service,
you and the Organisation shall agree on the charge for the service beforehand and
you will pay the agreed charges for delivery of the service to you. Item 9 of the
Summary gives information regarding any additional services which are available at
the date when you sign this agreement.
8.07
You will not make a claim on the Organisation in respect of any failure to provide
higher level care and services than the Organisation has agreed, and has the
capacity, to provide.
9.
MEDICAL ASSESSMENT AND TREATMENT
9.01
The Organisation will not undertake any assessment or arrange for any medical or
other treatment without the consent of yourself or a person authorised to give consent
on your behalf, except in any case which it considers urgent, having regard to your
apparent state of health and the welfare of yourself and other residents.
10.
RESIDENT FEES AND SUBSIDIES
10.01
The Aged Care Act provides that the Commonwealth Government determines fee and
subsidy levels and assesses your income for the purpose of determining the subsidy
payable to the Care Facility for you and the resident fee which the Organisation can
charge you.
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10.02
The resident fee mentioned in item 6 of the Summary is an interim fee which is
payable by you until your resident fee is determined in accordance with clause 10.03
when the Commonwealth Department notifies the Care Facility regarding the income
tested subsidy reduction for you and the resident fee which the Organisation can
charge you.
10.03
The fee will be the maximum daily amount worked out and charged from time to time
in accordance with the Aged Care Act unless the Organisation agrees at any time and
for any period to accept a lower fee. The fee will include:
(a) the standard resident contribution*, the amount of which differs depending
upon whether you are receiving an income support payment* or not:
to which is added:
(b) any compensation payment reduction*; and
(c) any daily income tested reduction*;
from which is subtracted:
(d) the amount of any hardship reduction*;
to which is added:
(e) any other amount which may be agreed between you and the Organisation
in accordance with the User Rights Principles made under the Aged Care
Act; and
(f) any extra service amount*.
The terms marked with an asterisk (*) are terms which are used in the Aged Care Act.
If future changes in the law require or permit fees to be worked out and charged in a
different manner, the Organisation reserves the right to charge up to the maximum
permissible fee which will satisfy the Organisation’s requirement mentioned in clause
10.08.
10.04
There is no obligation on the Organisation to obtain information from you for the
purpose of determining resident fees which may be payable by you in accordance with
the law then in force.
10.05
The amounts of the components of your resident fee mentioned in clause 10.03 will
vary from time to time in accordance with indexation and changes in:rates of subsidy;
your assessed income; and
any changes in the Aged Care Act or the laws applicable to the Care Facility.
10.06
Your resident fee will vary in accordance with notifications from the Commonwealth
Department relating to changes in the income tested subsidy for you and any change
in any of the other components of the resident fee.
If, in consequence of any change in your resident fee you have overpaid your resident
fee, you will receive a refund or credit for the overpayment.
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10.07
The Organisation is receiving subsidies from the Commonwealth in respect of
residents who satisfy criteria set by the Commonwealth. Although it desires the
subsidies to continue, the Organisation cannot give any assurance that this will be the
case.
10.08
You will pay the resident fee in advance from your entry to the Care Facility or if you
are on leave prior to entry (refer clause 11.03) the resident fee will be payable from the
commencement of your pre-entry leave. The resident fee will continue to be payable
until you die or depart the Care Facility.
10.09
When you depart the Care Facility or if you die, you or your estate will be entitled to a
refund of any resident fees paid in advance in respect of a period after your death or
departure.
11.
TEMPORARY ABSENCE
11.01
The subsidy which will be paid by the Commonwealth Department to the Organisation
for you will be reduced for any period that you are absent from the Care Facility and
are not on "leave" within the meaning of the term "leave" under the Aged Care Act.
11.02
If you are absent from the Care Facility for a day when the subsidy is not payable by
the Commonwealth because you are not on "leave" on that day, the resident fee
payable by you for that day will increase by the amount that would have been the
amount of the subsidy for you in respect of that day if you had been provided with care
and services at the Care Facility on that day.
11.03
Up to seven (7) days of the period of leave which the Aged Care Act permits may be
used by you immediately before you enter the Care Facility. This will allow you time to
make arrangements to enter and the Organisation will keep the place available for up
to seven (7) days after the agreed date of entry. You will be responsible for payment
of resident fees during any period of pre-entry leave.
12.
THE CHARTER
12.01
The Aged Care Act provides that your rights and responsibilities include your rights
and responsibilities under the Charter of Residents' Rights and Responsibilities which
is Schedule B.
12.02
You acknowledge that your visitors and other persons who enter the Care Facility at
your request must:
(a)
respect the rights and needs of yourself and other people within the Care
Facility and the needs of the Care Facility community as a whole; and
(b)
respect the rights of staff and the Organisation to work in an environment free
from harassment.
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13.
RULES OF THE CARE FACILITY
13.01
(a)
(b)
(c)
You have been given a copy of any rules of the Care Facility.
The Organisation may from time to time establish or adopt rules or changes to
rules which in the opinion of the Organisation are reasonably required.
You will be given a copy of the rules as altered.
13.02
You and the Organisation will comply with the rules, as varied from time to time.
13.03
You acknowledge that your visitors and other persons who enter the Care Facility at
your request must not do anything contrary to your obligations under the Agreement or
the rules.
14.
PERSONAL INFORMATION
14.01
The Aged Care Act provides that the Organisation must keep records containing
information regarding yourself and any person who is regarded as your nominated
representative under the Aged Care Act.
14.02
The Privacy Act 1988 of the Commonwealth of Australia imposes requirements on the
Organisation regarding the collection and keeping of information about individuals, the
rights of individuals to access the information, and the use of information by the
Organisation which is within the definitions of "personal information" and "sensitive
information" in the Privacy Act 1988.
14.03
The Aged Care Act provides that:
(a)
the Organisation will not use personal information relating to you other than:
(i)
for a purpose connected with the provision of care to you by the
Organisation; or
(ii)
for the purpose for which the information was given by you or on
your behalf;
(b)
except with the written consent of yourself or, where the law permits, a person
representing you, the information will not be disclosed to any other person other
than:
(i)
for a purpose mentioned in clause 14.03(a);
(ii)
for a purpose connected with the provision of aged care to you by
another organisation that is an approved provider under the Aged Care
Act so far as the disclosure relates to your accommodation bond
balance and the period for which retention amounts may be deducted
or to your remaining liability (if any) to pay an accommodation charge;
(iii)
for a purpose connected with the provision of aged care to you by
another approved provider under the Aged Care Act so far as the
disclosure relates to an appraisal or reappraisal connected with a
classification that is in force for you where you are proposing to enter
the other aged care service within 28 days;
(iv)
where the Aged Care Act permits, for the purpose of complying with an
obligation under the Aged Care Act or a requirement of the Prudential
Standards under the Aged Care Act;
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14.04
(c)
your personal information will be protected by security safeguards that are
reasonable in the circumstances to take against loss or misuse of the
information;
(d)
in this clause the term "personal information" has the same meaning as its
defined meaning in the Aged Care Act.
You make the following promises to the Organisation regarding information which has
been given or may hereafter be given by you or on your behalf to the Organisation
relating to you or your assets or income:
(a)
the information is accurate to the best of your knowledge or the knowledge of
and belief of the person who gives the information on your behalf after making
such enquiry as is reasonable to ensure that the information is accurate; and
(b)
you will provide any verification of the information which the Organisation may
reasonably require but the Organisation will be under no obligation to verify or
require verification.
14.05
You agree that when it enters into this Agreement, the Organisation can rely on the
accuracy of information which has been given by you or on your behalf.
15.
FINANCIAL INFORMATION
15.01
If you have paid, or agreed to pay, an accommodation bond, the Organisation will,
within four (4) months after the end of each financial year, give you or your nominated
representative a written statement containing such financial information as is required
by the Aged Care Act.
15.02
The Organisation will, if asked, give you or your nominated representative:
(a)
the most recent statement of the Care Facility's audited accounts; or
(b)
if the Care Facility is operated as part of a broader organisation, the most
recent statement of the audited accounts of the organisation’s aged care
component.
16.
DEFAULT IN PAYMENT
16.01
If any amount payable by you under this Agreement (other than an accommodation
bond or charge) is not paid within one (1) month after the date when it is due for
payment, you will pay interest on the unpaid amount calculated at the rate mentioned
in item 7 of the Summary from the day one day after the one (1) month expires until
the date when the amount is paid or the Organisation ceases to provide care to you
(whichever is the earlier).
16.02
[Applicable if resident has made lump sum payments in respect of an
accommodation bond]. The Organisation may deduct amounts payable by you from
your accommodation bond balance insofar as the deduction is permitted by the Aged
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Care Act and may charge any such amounts against any other monies due to you or
your estate.
17.
ENDING THE AGREEMENT
17.01
The Agreement may be terminated by mutual consent. Where practical, termination
should be confirmed in writing by you or on your behalf and by the Organisation.
17.02
Your right of occupancy under this Agreement shall be terminated on:
(a)
your death; or
(b)
the expiry of seven (7) days' notice or, if you choose, more than seven (7) days’
notice, in writing by you to the Organisation of your intention to terminate the
Agreement; or
(c)
your abandonment of your accommodation in the Care Facility; or
(d)
the expiry of seven (7) days after the Organisation gives you written notice (at
any time after the agreed date of entry) of its intention to terminate this
Agreement if you do not begin living in the Care Facility before expiry of the
notice; or
(e)
the expiry of a notice given pursuant to clauses 17.05 or 17.08 subject to any
relevant laws.
17.03
After the Agreement is terminated, you (or your estate) and the Organisation may
continue to have legal obligations or liabilities to each other in respect of matters which
have previously arisen or breaches which have occurred and in respect of matters
which arise after termination including vacating your accommodation.
17.04
The Aged Care Act provides that the Organisation may ask you to leave the Care
Facility if:(a)
the Care Facility is closing;
(b)
the Care Facility no longer provides accommodation and care suitable for you
having regard to your assessed long term needs (see clause 17.07) and the
Organisation has not agreed to provide care of the kind that you presently
need;
(c)
an Aged Care Assessment Team assesses that you no longer need the care
provided through the Care Facility;
(d)
you have not paid an agreed fee to the Organisation within 42 days after the
day when it became payable for a reason within your control;
(e)
you have intentionally caused:
- serious damage to the Care Facility; or
- serious injury to an employee of the Organisation or to another resident of
the Care Facility; or
(f)
you are away from the Care Facility for a continuous period of at least seven (7)
days for a reason other than:
(i)
that you are on leave (refer clause 11.01); or
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(ii)
(iii)
17.05
17.06
17.07
If the Organisation decides to require you to leave the Care Facility:
(a)
the Organisation must give you written notice that includes the following
information:
(i)
the decision;
(ii)
the reasons for the decision;
(iii)
when you are to leave;
(iv)
your rights about leaving, including the right of access to:
the complaints resolution mechanisms;
independent complaints processes; and
one (1) or more representatives of an advocacy service.
(b)
the Organisation must give the notice to you at least fourteen (14) days before
you are to leave.
(a)
The Aged Care Act provides that the Organisation will not take action to make
you leave, or imply that you must leave, before suitable alternative
accommodation is available that meets your assessed long term needs (see
clause 17.07) and is affordable by you.
(b)
You will leave the Care Facility when alternative accommodation which
meets these requirements is available and you have been given the requisite
notice.
(c)
By signing this agreement, you acknowledge that you must leave the Care
Facility regardless whether you approve the alternative accommodation
provided that the requirements mentioned in clauses 17.04, 17.05 and
17.06(a) have been satisfied.
The Aged Care Act provides that your long term needs must be assessed by:(a)
an Aged Care Assessment Team; or
(b)
17.08
another reason permitted by the Aged Care Act; or
an emergency.
If:
(a)
(b)
in any case other than mentioned in clause 17.04(c) at least two medical or
other health practitioners who meet the following criteria:
(i)
one must be independent of the Organisation's residential care
service and must be chosen by you or your nominated
representative; and
(ii)
both must be competent to assess your aged care needs.
the Organisation gives you not less than six (6) months’ notice in writing that
your accommodation is required by the Organisation for demolition or for
renovations which cannot be carried out while you are in occupation; or
your accommodation has become unfit to live in because your accommodation
or part of the Care Facility has been damaged and the Organisation gives you
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notice in writing that the damage will not be repaired for any of the following
reasons:- in its opinion it is impractical to do so;
- in its opinion it is not in the interests of residents of the Care Facility to
repair the damage;
- the necessary consent of a public authority is not given; or
- the necessary consent of a public authority is given on terms that makes
the cost of the required work substantially higher than the insurable value of
the relevant part of the Care Facility
you agree that, upon expiry of the notice:
(i) you will vacate your accommodation; and
(ii) the Organisation will, when you vacate, provide suitable alternate
accommodation for you or pay you all monies due to you under this
Agreement.
If you should fail to vacate, the Organisation may take such other action as it shall
think fit.
17.09
You agree that:
(a)
your goods must be removed from your accommodation when you depart the
Care Facility or must be removed promptly in the event of your death;
(b)
the Organisation may remove your goods from your accommodation and store
them at your expense or at the expense of your estate if you fail to remove
them when you depart the Care Facility or your legal representative fails to
remove them promptly when you die;
(c)
if you or, in the case of your death, your legal representative shall not claim the
goods and pay any reasonable costs and expenses actually incurred in
removing or storing them (or both removing and storing them) within 30 days
after you depart the Care Facility or after your date of death, the Organisation
may dispose of the goods (other than personal documents which shall be sent
to you or to your legal representative, as the case may be) and the disposal
may be made:
(i) in the case of any item which in the reasonable opinion of the Organisation
is worth less than $100.00, by giving the item to a charitable organisation;
(ii) in the case of any item which in the reasonable opinion of the Organisation
is worth $100.00 or more, by public auction;
(d)
the Organisation must make (and retain for a period of at least two (2) years) a
record of all uncollected goods that it stores or disposes of;
(e)
you and your estate will compensate the Organisation for any loss which it
suffers by reason of failure by you or your estate to remove your goods;
(f)
the Organisation must account to you if you depart the Care Facility or to your
legal representative if you die, for the balance of the proceeds of sale of the
goods after the deduction of the reasonable costs of removal, storage and sale
of the goods and any such loss; and
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(g)
if the Organisation has no forwarding address, the balance of the proceeds may
be required to be dealt with as unclaimed money within the meaning of the
Unclaimed Money Act 1995.
18.
COMPLAINTS RESOLUTION
18.01
The Organisation will address complaints made by you or on your behalf and disputes
in the manner set out in Schedule C.
19.
NOMINATED REPRESENTATIVE
19.01
You may nominate a person to represent you in your dealings with the Organisation
and, where appropriate, staff of the Care Facility, and as the person to whom matters
affecting you and your interests may be referred in the event of your illness or
unavailability. The use of the nominated representative will be at your discretion. If
you desire, your representative will be invited to participate in any major consultation
between yourself and the Organisation. The nomination will continue until you notify
the Organisation that you cancel the nomination.
19.02
If you or your nominated representative ask a person acting for a body which is an
"authorised body" under the Aged Care Act to assist you, the Organisation will allow
that person access to the Care Facility for the purpose of assisting you.
20.
DELEGATION BY THE ORGANISATION
20.01
The Organisation may from time to time authorise a person to act as representative or
agent for the Organisation for the purposes of the Agreement and to exercise the
rights and powers conferred upon the Organisation by this Agreement and any
authority given by you to the Organisation may be exercised by the authorised person.
20.02
You will presume that the Facility Manager has authority to represent the Organisation
and to make decisions, form opinions, give directions and exercise rights and powers
on behalf of the Organisation except insofar as any action by the Facility Manager is
inconsistent with the Agreement or rules.
21.
NOTICES
21.01
Any notice which you may wish to give or send to the Organisation pursuant to this
Agreement shall be given or sent by you to the Facility Manager at the Care Facility
address.
22.
INTERPRETATION
22.01
In the interpretation of this Agreement and the Schedules to this Agreement unless the
wording or context shall indicate differently:
(a)
"Care Facility" shall mean the facility named in item 3 of the Summary;
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(b)
"Facility Manager" shall be the person primarily responsible for the conduct of
the operation of the Care Facility, and any person acting in that capacity;
(c)
"Aged Care Act" shall mean the Aged Care Act 1997 and any Act altering or
replacing the same and any subordinate laws of the Commonwealth including
Principles and Regulations;
(d)
"your accommodation" shall include the furniture, fittings and contents
provided by the Organisation;
Paragraph (e) only applies if an accommodation bond is payable and paragraph (f)
applies if an accommodation charge is payable.
(e)
"accommodation bond" shall mean the amount specified in Item D1 of the
Summary in Schedule D unless a lower amount is payable pursuant to the
Standard Conditions in Schedule D;
(f)
"accommodation charge" means the charge referred to in item E1 of
Schedule E unless a different amount of charge is payable pursuant to the
Conditions in Schedule E;
(g)
your "agreed date of entry" is the date mentioned in item 4 of the Summary;
(h)
"agreed fee" means a fee, charge or other payment that is:
(i) payable by you either under this Agreement or as agreed at any time by
you and the Organisation; and
(ii) not prohibited under the Aged Care Act;
(i)
"Commonwealth Department" means the Department or instrumentality of the
Commonwealth that from time to time has the relevant responsibility under the
Aged Care Act.
(j)
your "entry date" is the latest of the following dates:
(i) the date on which you begin living and receiving care (not being respite
care) in the Care Facility under this Agreement and if you take pre-entry leave,
this date will be the date of commencement of your pre-entry leave; or
(ii) if you transfer from respite care to permanent accommodation in the Care
Facility, the date of your transfer; or
(iii) if an accommodation bond or charge is payable, wherever the term "entry
date" is used in Schedule D or E the date of certification of the Care Facility
under the Aged Care Act;
(k)
“leave” refers to:
(i) hospital leave for the purpose of receiving hospital treatment at any time
after your entry date;
(ii) social leave which may be used for any purpose for up to 51 days in a
financial year;
Page 16
(iii) pre-entry leave which can be up to seven (7) days of social leave used
immediately before your entry date;
subject to any amendments to the Aged Care Act relating to leave.
(l)
"nominated representative" shall mean the person nominated by you to the
Organisation from time to time pursuant to clause 19.01;
(m)
you will be regarded as “departing the Care Facility” when you depart the
Care Facility and accommodation by the Care Facility other than because you
are on leave;
(n)
"rules" or "rules of the Care Facility" shall include rules of the Care Facility
and any rules of any aged care centre which includes the Care Facility and
which apply to the Care Facility;
(o)
“Secretary” shall mean the Secretary of the Commonwealth Department and
shall include a person exercising the Secretary’s powers under the Aged Care
Act by delegation or sub-delegation.
(p)
the wording of these conditions or other parts of the Agreement may include
singular words eg: "Resident" but, where the reference is to more than one
person or thing, the singular word shall be read as including the plural and vice
versa;
(q)
where an expression is used in this Agreement that has a defined meaning
under the Aged Care Act, it shall have that meaning in this Agreement.
22.02
Where reference is made in this Agreement to a provision of the Aged Care Act, the
reference shall be deemed to be a reference to the provision as amended from time to
time.
22.03
If any interest rate specified in this Agreement is higher than the maximum rate of
interest which the Organisation may charge under the Aged Care Act at your entry
date, the interest will be charged at the maximum permitted rate instead of at the rate
specified in this Agreement.
23.
VARIATION OF THIS AGREEMENT
23.01
This Agreement may be varied:(a)
by the Organisation if the variation is necessary to implement the A New Tax
System (Goods and Services Tax) Act 1999 provided that:
(i) the Organisation has given you reasonable notice in writing about the
variation;
(ii) the Agreement is not varied in a way that is inconsistent with A New Tax
System (Goods and Services Tax) Act 1999, the Aged Care Act or the
Principles; or
Page 17
(b)
in any other case, by mutual consent of the parties following adequate
consultation.
24.
MISCELLANEOUS
24.01
Any failure or delay by either the Organisation or you to exercise any right which either
party may have pursuant to this Agreement shall not operate as a waiver of that right
and the waiver of any right under this Agreement shall not operate as a waiver of any
right which may arise subsequently.
24.02
If anything in this Agreement, or the application thereof, to any party or circumstance,
shall be or become invalid or unenforceable, the remainder of the Agreement shall not
be affected thereby and each other provision of this Agreement will be valid and
enforceable to the fullest extent permitted by law.
Page 18
SCHEDULE A
Care and Services
PART 1 HOTEL SERVICES - TO BE PROVIDED FOR ALL RESIDENTS WHO NEED THEM
Item
Service
Content
A1.1
Administration
General operation of the Care Facility, including resident
documentation
A1.2
Maintenance of
buildings and
grounds
Adequately maintained buildings and grounds
A1.3
Accommodation
Utilities such as electricity and water
A1.4
Furnishings
Other than where the resident chooses to provide them:
Bed-side lockers, chairs with arms, containers for personal
laundry, dining, lounge and recreational furnishings, drawscreens (for shared rooms), resident wardrobe space, and
towel rails
A1.5
Bedding
Beds and mattresses, bed linen, blankets, and absorbent or
waterproof sheeting
A1.6
Cleaning services,
goods and facilities
Cleanliness and tidiness of the entire Care Facility
A1.7
Waste disposal
Safe disposal of organic and inorganic waste material
A1.8
General laundry
Heavy laundry facilities and services, and personal laundry
services, including laundering of clothing that can be machine
washed.
Excludes cleaning of clothing requiring dry cleaning or another
special cleaning process, and personal laundry if a resident
chooses and is able to do this himself or herself
A1.9
Toiletry goods
Bath towels, face washers, soap, and toilet paper.
A1.10
Meals and
refreshments
(a)
Excludes a resident's personal area if the resident chooses
and is able to maintain it himself or herself
(b)
(c)
Meals of adequate variety, quality and quantity for each
resident, served each day at times generally acceptable
to both residents and management, and generally
consisting of three (3) meals per day plus morning tea,
afternoon tea and supper
Special dietary requirements, having regard to either
medical need or religious or cultural observance
Food, including fruit of adequate variety, quality and
quantity, and non-alcoholic beverages, including fruit
juice
Page 19
A1.11
Resident social
activities
Programs to encourage residents to take part in social
activities that promote and protect their dignity, and to take
part in community life outside the Care Facility
A1.12
Emergency
assistance
At least one (1) responsible person is continuously on call and
in reasonable proximity to render emergency assistance
PART 2 - CARE & SERVICES - TO BE PROVIDED FOR ALL RESIDENTS WHO NEED
THEM
Item
Service
Content
A2.1
Daily living activities
Personal assistance, including individual attention, individual
supervision, and physical assistance, with:
(a)
bathing, showering, personal hygiene and grooming
(b)
maintaining continence or managing incontinence, and
using aids and appliances designed to assist continence
management
(c)
eating and eating aids, and using eating utensils and
eating aids (including actual feeding if necessary)
(d)
dressing, undressing, and using dressing aids
(e)
moving, walking, wheelchair use, and using devices and
appliances designed to aid mobility, including the fitting
of artificial limbs and other personal mobility aids
(f)
communication, including to address difficulties arising
from impaired hearing, sight or speech, or lack of
common language (including fitting sensory
communication aids), and checking hearing aid batteries
and cleaning spectacles
Excludes hairdressing
A2.2
Meals and
refreshments
Special diet not normally provided
A2.3
Emotional support
Emotional support to, and supervision of, residents
A2.4
Treatments and
procedures
Treatments and procedures that are carried out according to
the instructions of a health professional or a person
responsible for assessing a resident's personal care needs,
including supervision and physical assistance with taking
medications and ordering and reordering medications, subject
to requirements of State or Territory law
Page 20
A2.5
Recreational therapy
Recreational activities suited to residents, participation in the
activities, and communal recreational equipment
A2.6
Rehabilitation support
Individual therapy programs designed by health professionals
that are aimed at maintaining or restoring a resident's ability to
perform daily tasks for himself or herself, or assisting residents
to obtain access to such programs
A2.7
Assistance in
obtaining health
practitioner services
Arrangements for aural, community health, dental, medical,
psychiatric and other health practitioners to visit residents,
whether the arrangements are made by residents, relatives or
other persons representing the interests of residents, or are
made direct with a health practitioner
A2.8
Assistance in
obtaining access to
specialised therapy
services
Making arrangements for speech therapy, podiatry,
occupational or physiotherapy practitioners to visit residents,
whether the arrangements are made by residents, relatives or
other persons representing the interests of residents
A2.9
Support for residents
with cognitive
impairment
Individual attention and support to residents with cognitive
impairment (eg dementia, and other behavioural disorders),
including individual therapy activities and specific programs
designed and carried out to prevent or manage a particular
condition or behaviour and to enhance the quality of life and
care for such residents and ongoing support (including specific
encouragement) to motivate or enable such residents to take
part in general activities of the Care Facility
PART 3 - CARE AND SERVICES TO BE PROVIDED FOR RESIDENTS RECEIVING A HIGH
LEVEL OF RESIDENTIAL CARE
Item
Service
Content
A3.1
Furnishings
Over-bed tables
A3.2
Bedding materials
Bed rails, incontinence sheets, restrainers, ripple mattresses,
sheepskins, tri-pillows, and water and air mattresses
appropriate to each resident's condition
A3.3
Toiletry goods
Sanitary pads, tissues, toothpaste, denture cleaning
preparations, shampoo and conditioner, and talcum powder
A3.4
Goods to assist
residents to move
themselves
Crutches, quadruped walkers, walking frames, walking sticks,
and wheelchairs
Excludes motorised wheelchairs and custom made aids
A3.5
Goods to assist staff
to move residents
Mechanical devices for lifting residents, stretchers, and trolleys
A3.6
Goods to assist with
toileting and
incontinence
Absorbent aids, commode chairs, disposable bed pans and
urinal covers, disposable pads, over-toilet chairs, shower
chairs and urodomes, catheter and urinary drainage
Page 21
management
appliances, and disposable enemas
A3.7
Basic medical and
pharmaceutical
supplies and
equipment
Analgesia, anti-nausea agents, bandages, creams, dressings,
laxatives and aperients, mouthwashes, ointments, saline, skin
emollients, swabs, and urinary alkalising agents
Excludes goods prescribed by a health practitioner for a
particular resident and used only by the resident
A3.8
Nursing services
Initial and on-going assessment, planning and management of
care for residents, carried out by a registered nurse.
Nursing services carried out by a registered nurse, or other
professional appropriate to the service (eg medical practitioner,
stoma therapist, speech pathologist, physiotherapist or
qualified practitioner from a palliative care team).
Services may include, but are not limited to, the following:
(a) establishment and supervision of a complex pain
management or palliative care program, including
monitoring and managing any side effects
(b) insertion, care and maintenance of tubes, including
intravenous and naso-gastric tubes
(c) establishing and reviewing a catheter care program,
including the insertion, removal and replacement of
catheters
(d) establishing and reviewing a stoma care program
(e) complex wound management
(f) insertion of suppositories
(g) risk management procedures relating to acute or chronic
infectious conditions
(h) special feeding for care recipients with dysphagia
(difficulty with swallowing)
(i)
suctioning of airways
(j)
tracheostomy care
(k) enema administration
(l)
oxygen therapy requiring ongoing supervision because
of care recipient’s variable need
(m) dialysis treatment
A3.9
(Deleted by Commonwealth Government)
A3.10
Medications
Medications subject to requirements of State or Territory law
A3.11
Therapy services,
such as,
recreational, speech
therapy, podiatry,
occupational, and
physiotherapy
services
(a)
(b)
Maintenance therapy delivered by health professionals, or
care staff as directed by health professionals, designed to
maintain residents' levels of independence in activities of
daily living
More intensive therapy delivered by health professionals,
or care staff as directed by health professionals, on a
temporary basis that is designed to allow residents to
reach a level of independence at which maintenance
therapy will meet their needs
Page 22
Excludes intensive, long-term rehabilitation services
required following, for example, serious illness or injury,
surgery or trauma
A3.12
Oxygen and oxygen
equipment
Oxygen and oxygen equipment needed on a short-term,
episodic or emergency basis
SCHEDULE B
CHARTER OF RESIDENTS’ RIGHTS AND RESPONSIBILITIES
B1. 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
some actions 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
of his or her daily life, financial affairs and possession
 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 him or her 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
B2. Each resident of a residential care service has the responsibility:
Page 23




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 wellbeing, 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
Page 24
SCHEDULE C
COMPLAINTS RESOLUTION PROCESS
C1.01
C1.02
The Aged Care Act 1997, Aged Care Principles and Investigation Principles 2007
require the Organisation:
(a)
to establish and use a complaints resolution process to deal with any
complaints by residents; and
(b)
to advise residents and their representatives regarding other mechanisms that
are available to them and provide such assistance as may be required.
(a)
(b)
C1.03
If you have any questions, concerns or complaints whilst living in the Care
Facility, you or your representative can:
 raise them with a staff member who will refer them to management; or
 complete a complaints form available at the Care Facility; or
 make an appointment and raise them directly with the Facility Manager.
All complaints will be responded to, either verbally or in writing, within 14 days
of receipt of the complaint. If you are not satisfied with the response, you may
choose to put your complaint in writing to the Facility Manager or the Chief
Executive Officer of the Organisation.
Alternatively, or at any time during the process, you can contact and obtain assistance
from:
(a)
an organisation which has received funding under the Aged Care Act to give
free, independent and confidential advocacy services to residents in aged care
centres;
TARS NSW (02) 9281 3600 OR Toll Free (outside Sydney) 1800 424 079
ACT Disability, Aged and Carer Advisory Service (02) 6242 5060
(b)
the intake officer of the Aged Care Complaints Investigation Scheme by
telephoning 1800 550 552
or complete the on-line complaints form at: www.health.gov.au/oacqc
or at the following address:Intake Officer
Aged Care Complaints Investigation Scheme
Department of Health & Ageing
GPO Box 9848
SYDNEY NSW 2001
A complaint can be made orally or in writing and will be dealt with in accordance with
the complaints investigation scheme established under the Aged Care Act 1997 and
Investigation Principles 2007.
Note: The above telephone numbers and addresses may change from time to time.
Page 25
DISPUTE RESOLUTION
When living in any form of communal living it is inevitable that disputes will arise. The UPA
Disputes Charter aims to provide residents and management with the means by which
disputes can be resolved in an easy, informal and inexpensive way.
The flow chart following indicates the steps you should take when attempting to solve any
problems you have. UPA Management and the Code of Practice encourage you to first
discuss the matter with your Facility Manager or District Manager.
Internal Procedure
External Procedure
Resident/family with
complaint or dispute
Care Manager/
Program
Manager
9489 5423
If not satisfied,
see the District
Manager
9487 1337
If not satisfied,
see the General
Manager
9487 1338
Office of Aged Care
Quality &
Compliance
(OACQC)
1800 550 552
Or
Or
The Aged Care
Rights Services Inc
(TARS)
1800 4240790
Or
STOPline
1300 304550
Where can I get help?
Further information on the Disputes and Complaints is available from the Regional Manager
or Care Manager/Program Manager. Due to the differing nature of community services they
will have different mechanisms for complaints and should be referred to the individual service
and their policies and procedures
Page 26
SCHEDULE D
ACCOMMODATION BOND
Summary of main items
Item
Accommodation Bond
D1. Accommodation bond
payable by *lump sum
*lump sum and periodic payments
*periodic payments
$
Retentions
D2. Maximum annual retention amount for the accommodation
bond mentioned in item D1
$3,690.00
D3. Maximum monthly retention amount for the accommodation
bond mentioned in item D1
$ 307.50 per month
D4. Period during which the monthly retention amount
can be deducted or is payable as a retention
component of periodic payments
5..years..0..months
Method of Payment of Accommodation Bond
D5. The accommodation bond mentioned in item D1 includes
(a)
Lump sum payable by you
- by agreed payment(s)
$
on
20
$
on
20
(b)
Lump sum equivalent which will be included in
and paid by periodic payments (see clause D5.01)
$
$
If any payment(s) will be made by lump sum mentioned in item D5(a):
D6. The amount of each retention amount that will be deducted
from your accommodation bond balance
$307.50 per month
D7. Retention amounts payable if you are provided with care for
not more than two months
Page 27
$922.50
If you make periodic payments
D8. Your periodic payment is
the components of which are:(a)
retention
(b)
interest
$
$
D9. Minimum amount of periodic payments (three (3) months)
$
$
Interest
D10. Interest rate:(a)
on any lump sum referred to in item D5(a)
which is unpaid by one month after entry date; and
(b)
for periodic payment calculations
)
)
)
D11. Frequency at which interest will be charged (see clause D6.03):
D12. Interest payable if you do not pay the lump sum
mentioned in item D5(a) by your entry date
per
8.92 % p.a.
monthly
$ 0.00
per day
D13. The amount of interest payable if the lump sum is paid on the
date(s) mentioned in item D5(a)
$
*Delete whichever is not applicable.
Note: refer to clause 22.01 for the meaning of "entry date"
STANDARD CONDITIONS: ACCOMMODATION BOND
D1. AMOUNT OF ACCOMMODATION BOND
D1.01 Subject to clauses D1.02 and D1.03 and the Aged Care Act, the amount of the
accommodation bond for your entry into residential care at the Care Facility shall be
whichever is the lowest of the following:
(a)
(b)
(c)
the amount specified in Item D1 of the Summary;
an amount that, when subtracted from an amount equal to the value of your assets at
your entry date, leaves an amount equal to your minimum permissible asset value
determined in accordance with the Aged Care Act;
such amount as is specified in, or worked out in accordance with, the User Rights
Principles.
D1.02 If you give the Organisation a copy of a determination, under section 44 –8AB of the
Aged Care Act, of the value of your assets at a valuation time that is before or at your
Page 28
entry date and that is in force at your entry date, the value of your assets at the
valuation time specified in the determination shall be deemed to be substituted for “the
value of your assets at your entry” in clause D1.01(b). The determination may be a
statement confirming the total value of your assets, prepared and supplied by an
officer of Centrelink or Department of Veterans’ Affairs under delegated authority under
the Aged Care Act.
D1.03 If a determination under section 44-8AB of the Aged Care Act is not provided to the
Organisation and you do not give sufficient information to the Organisation about your
assets for the Organisation to be able to determine the amount referred to in clause
D1.01(b), the amount of the accommodation bond shall be the lesser of the amounts
referred to in clause D1.01(a) and (c).
D1.04 If a determination referred to in clause D1.02 is reviewed or revoked or the information
on the basis of which an amount was calculated under clause D1.01(b) is found to be
incorrect, the amount of the bond payable by you shall be adjusted accordingly and
clause D2.02 shall be applied.
D1.05 For the purposes of this Agreement your assets and their value and your minimum
permissible asset value will be determined in accordance with the Aged Care Act.
D2.
PAYMENTS WHICH YOU MUST MAKE IN RESPECT OF THE ACCOMMODATION
BOND
D2.01 Except as provided in clauses D1.01, D2.02 andD2.03, you agree to pay:
(a) the lump sum(s) mentioned in item D5(a) of the Summary;
(b) any periodic payments mentioned in item D8 of the Summary (see clauses D5.01
to D5.09); and
(c) any interest which becomes payable (see clauses D6.01 to D6.03 and clause
17.01 of the Agreement).
D2.02 If the amount of the bond is less than the amount of accommodation bond specified in
item D1 of the Summary, the reduced bond shall be deemed to be substituted for the
amount specified in item D1 and any amounts specified in items D2, D3, D4, D5, D6,
D7, D8, D9, D12 and D13 of the Summary will be recalculated having regard to the
amount of the reduced bond.
D2.03 If your assets at your entry date or at a valuation time referred to in D1.02 are less than
the minimum permissible asset value at that time, no accommodation bond will be
payable.
D3. INCOME FROM THE ACCOMMODATION BOND
D3.01 The Organisation is entitled to income which it earns from investment of the amount(s)
paid by you in respect of your accommodation bond. It is also entitled to the interest
payable under clause D6.01 or D6.02 because it will suffer a loss of income if the
accommodation bond is not paid by your entry date.
D4. LUMP SUM PAYMENTS
Page 29
D4.01 Any lump sum mentioned in item D5(a) of the Summary is due for payment on your entry
date unless a different date is specified in item D5(a).
D4.02 If any lump sum is not paid by your entry date, you agree to pay interest pursuant to
clause D6.01 or D6.02 on any unpaid amount from your entry date.
D4.03 The amount mentioned in item D5(a) of the Summary must be paid not later than six (6)
months after your entry date unless this Agreement specifies a later date for payment of
a lump sum.
D5. PERIODIC PAYMENTS
D5.01 In this Schedule, the term "lump sum equivalent" refers to:
(a) the amount mentioned in item D5(b) of the Summary unless and until a lump
sum payment is made by you under clause D5.07; and
(b) if you make a lump sum payment under clause D5.07, the amount of the
lump sum equivalent is reduced by the payment from the date on which the
payment is made.
D5.02 The first periodic payment referred to in item D8 of the Summary must be made by you
at the expiry of the agreed period mentioned in item D8 of the Summary from your entry
date.
D5.03 The amount of each periodic payment payable by you will be worked out in
accordance with the following formula:
PP = (LSE x IR) + RC
NPP
where:
PP is the amount of the periodic payment;
LSE is the amount of the lump sum equivalent (see clause D5.01);
NPP is the number of periodic payments in the relevant year of occupancy;
RC is the amount (if any) of the retention component worked out in accordance
with this Agreement; and
IR is the interest rate mentioned in item D10 of the Summary.
D5.04
(a)
Unless paragraph (b) of this clause applies, the retention component will be
worked out as follows:
(i) if no part of the accommodation bond is paid as a lump sum, the retention
component of the periodic payments is so much of the maximum retention
amount mentioned in item D2 of the Summary as the Organisation could
deduct in the relevant year of your occupancy from your accommodation
bond balance if you had paid the accommodation bond as a lump sum; or
(ii) if part of the accommodation bond is paid by lump sum, the retention
component of the periodic payments is reduced, on a proportionate basis,
in accordance with the ratio of the lump sum equivalent to the amount of
the accommodation bond.
Page 30
(b)
If:(i) the lump sum paid by you in respect of the accommodation bond is
sufficient to cover the retention amount mentioned in item D2 of the
Summary for a period of five (5) years for the whole of the
accommodation bond; and
(ii) you have elected by giving written notice to the Organisation that the
retention component in periodic payments will be nil;
monthly retention amounts calculated at one twelfth of the amount mentioned
in item D2 of the Summary, can be deducted from your accommodation bond
balance and no retention component will be included in your periodic
payments.
D5.05
The minimum amount of periodic payments payable by you is the amount
representing the periodic payments that would be payable for a period of three
(3) months. The unpaid balance (if any) of this minimum amount will be due and
payable when you depart the Care Facility.
D5.06
Unless clause D5.05 applies, your last periodic payment will be the payment due
for the period ending on the last day of the month which is current when you
depart the Care Facility.
D5.07
You can at any time pay the whole or any part of the lump sum equivalent as
a lump sum. If you pay any part of the lump sum equivalent as a lump sum, the
periodic payments payable thereafter will be re-calculated in accordance with
clause D5.03, having regard to the reduced lump sum equivalent.
D5.08
The Organisation will advise you in writing of any change in the amount of your
periodic payments and the manner in which it is calculated.
D5.09
Periodic payments are not payable for any period when you are in respite care in
the Care Facility.
D6. INTEREST
D6.01
If you are provided with care in the Care Facility for less than two (2) months, and
(a) if you pay any part of the lump sum mentioned in item D5(a) of the Summary after
your entry date and before you depart the Care Facility, you will pay interest:
- calculated at the rate mentioned in item D10 of the Summary;
- on so much of the amount mentioned in item D5(a) of the Summary as has
been paid after your entry date;
- for the period commencing on your entry date and ending, in the case of each
payment which you make in respect of the lump sum mentioned in item D5(a)
of the Summary, on the day when you made the payment; and
(b) if a refund of your accommodation bond balance is made within three (3) months
of your entry date, you will pay interest:
Page 31
- calculated at the rate mentioned in item D10 of the Summary;
- on the amount(s) which you have paid in respect of the lump sum mentioned
in item D5(a) of the Summary;
- for the period commencing on the date of refund of the accommodation bond
balance and ending on the day of expiry of three (3) months from your entry
date; and
(c) if you do not fully pay the lump sum mentioned in item D5(a) of the Summary
before you depart the Care Facility, you will pay interest:- calculated at the rate mentioned in item D10 of the Summary;
- on so much of the amount mentioned in item D5(a) of the Summary as
remains unpaid when you depart the Care Facility;
- for the period commencing on your entry date and ending on the date on
which you depart the Care Facility or the expiry of the period of three (3)
months from your entry date, whichever happens later.
D6.02
If you are provided with care at the Care Facility for more than two (2) months and
(a) if you pay any part of the lump sum mentioned in item D5(a) of the Summary after
your entry date, you will pay interest::
- calculated at the rate mentioned in item D10 of the Summary;
- on the amount(s) which you pay in respect of the lump sum mentioned in item
D5(a) of the Summary;
- for the period commencing on your entry date and ending, in the case of each
payment in respect of the lump sum mentioned in item D5(a) of the Summary,
on the date of the payment; and
(b) if you do not fully pay the lump sum mentioned in item D5(a) of the
Summary before you depart the Care Facility, you will pay interest:
- calculated at the rate mentioned in D10 of the Summary;
- on so much of the lump sum mentioned in item D5(a) of the Summary as
remains unpaid when you depart the Care Facility; and
- for a period commencing on the first day of the month in which your entry date
occurs and ending on the last day of the month during which you depart the Care
Facility.
D6.03
If interest is accruing pursuant to any of the preceding clauses D6.01 or D6.02, it will be
payable at the expiry of the period for which it is payable and if that expiry is more than
one month after the date when interest commenced, interest will in the meantime be
due and payable monthly at the expiry of each period of one month.
D7. RETENTION AMOUNTS
D7.01
The maximum retention amount that will be due to the Organisation for each year you
live at the Care Facility is mentioned in item D2 of the Summary. It will be payable:
(a) by the monthly retention amounts referred to in item D3 of the Summary unless the
monthly retention amount is varied; and
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(b) by any retention component (if any) which is included in any periodic
which are payable by you.
payments
D7.02
If any part of your accommodation bond is payable by lump sum, the
Organisation will be entitled to a retention amount for each month or part of a
month during the period that you are living and provided with care at the Care
Facility up to a maximum of five (5) years from your entry date unless a different
period is specified in item D4 of the Summary.
D7.03
The Organisation will be entitled to deduct the monthly retention amount from your
accommodation bond balance each month or at any time thereafter.
D7.04
If you live and are provided with care at the Care Facility for two (2) months or less, for
the purpose of working out retention amounts which the Organisation is entitled to
deduct from your accommodation bond balance, you will be taken to have received
care for:
(a) the whole of the month in which you enter the Care Facility; and
(b) the two following months.
D7.05
If you pay more of the accommodation bond by lump sum than is mentioned in
item D5(a) of the Summary, the monthly retention amount will require
recalculation.
D7.06
If the Organisation has been unable to deduct the whole or any part of a
retention amount which it has been entitled to deduct from your accommodation
bond balance because the balance has been less than the retention amount, the
undeducted amount shall become due and owing to the Organisation on the date
when any accommodation bond balance would be refundable pursuant to clause
D8.02.
D7.07
When calculating the period in respect of which retention amounts can be
deducted, the period of any suspension of the certification of the Care Facility
shall be disregarded.
D8. REFUND OF ACCOMMODATION BOND BALANCE
D8.01
The accommodation bond balance must be refunded by the Organisation if:
(a) you die; or
(b) you cease to be provided with accommodation and care at the Care Facility
or at any other residential care service conducted by the Organisation (other
than because you are on leave); or
(c) the certification of the Care Facility under the Aged Care Act is revoked or
lapses but not if it is suspended.
D8.02
The Organisation hereby gives you a guarantee that it will refund the accommodation
bond balance:
(a) if you die - within fourteen (14) days after the day on which the Organisation is
shown the probate of your will or letters of administration of your estate; or
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(b) if you enter another residential care service:
(i)
if you have notified the Organisation of the move more than fourteen (14)
days before the day on which the Organisation ceases providing care to you
- on the date on which the Organisation ceases providing that care; or
(ii) if you notified the Organisation within fourteen (14) days before the day on
which the Organisation ceases providing that care - within fourteen (14)
days after the day on which the notice is given; or
(iii) if you do not notify the Organisation before the day on which the
Organisation ceases to provide that care - within fourteen (14) days after the
day on which the Organisation ceases providing that care; or
(c) in any other case within fourteen (14) days after the day on which the event
referred to in clause D8.01 (b) or (c), whichever is applicable, happens.
D8.03
The Act provides that the Organisation will, in addition to the refund of the
accommodation bond balance, pay an amount representing interest on the
accommodation bond balance in the circumstances specified in the User Rights
Principles made under the Act.
D9. DELAYED REFUND
D9.01
If you cease to be provided with care at the Care Facility (other than because
you are on leave) you may agree with the Organisation to delay refunding the
accommodation bond balance on condition that if you request re-entry to the
Care Facility:
(a)
the Organisation must allow entry if:
(i)
there are any places vacant in the Care Facility;
(ii)
you have been approved under the Aged Care Act as a recipient of
residential care; and
(b)
an accommodation bond is not payable in respect of that re-entry.
If an agreement is made,
(c)
retention amounts must not be deducted in respect of the period:
(i)
beginning on the day when you depart the Care Facility;
(ii)
ending when you re-enter the Care Facility; and
(d)
the period referred to in clause D7.02 is to be worked out excluding the period
referred to in paragraph (c).
D10. DEDUCTIONS FROM ACCOMMODATION BOND BALANCE
D10.01
Your accommodation bond balance does not include:(a)
so much of your accommodation bond as is payable by periodic payments; or
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(b)
so much of your accommodation bond as is payable by any lump sum payment
which has not been made.
The Organisation may deduct from your accommodation bond balance:
(a)
retention amounts in respect of the accommodation bond;
(b)
amounts owed to the Organisation by you under this Agreement
(including any periodic payment which has fallen due for payment but remains
unpaid) or any other accommodation bond agreement, resident agreement or
extra service agreement;
(c)
amounts worked out in accordance with clauses 16.01 and 16.02 of the
Agreement.
D11. PRUDENTIAL ARRANGEMENTS
D11.01
The Organisation will comply with prudential requirements of the Aged Care
Act for safeguarding accommodation bond balances of residents.
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(Only attach this page when it is applicable)
D12. SPECIFIC ACCOMMODATION OR SERVICES CONSEQUENT UPON AGREEMENT
TO PAY THE ACCOMMODATION BOND
(To be completed where appropriate)
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SCHEDULE E
ACCOMMODATION CHARGE
Summary of main items
Item
E1. Accommodation charge payable by you:
payable *fortnightly/monthly in advance
at the rate of :
$
per day,
$
per fortnight/month
E2. Current interest rate for late payment of accommodation
charge at the date of preparation of this
Agreement (variable according to date of default)
6% per annum
Note: Refer to clause 22.01 for the meaning of "your entry date".
*
Cross out whichever is not applicable.
Conditions
E1.
WHEN MAY AN ACCOMMODATION CHARGE BE CHARGED
E1.01
If at the time of entry:
(a)
you are assessed as requiring a high level of residential care;
(b)
your entry approval is not limited to a low level of residential care;
(c)
the Care Facility or a distinct part of it through which you are to receive care,
does not have extra service status under the Aged Care Act; and
(d)
the Aged Care Act does not allow the Organisation to charge an
accommodation bond for your entry into the Care Facility;
you will be charged an accommodation charge unless:
(i) you are a charge exempt resident under the Aged Care Act; or
(ii)
the value of your assets at your entry date were less than the
minimum permissible asset value under the Aged Care Act.
E2.
AGREEMENT TO PAY ACCOMMODATION CHARGE
E2.01
You agree to pay the accommodation charge mentioned in item E1 of the above
Summary subject to any adjustments made pursuant to clause E2.02, for the duration
of your stay at the Care Facility. The first payment will be due on your entry date.
E2.02
If it is established that the amount mentioned in Item E1 of the above Summary has
not been worked out in accordance with the Aged Care Act, an adjustment to the
correct amount will be made.
E2.03
The accommodation charge payable by you will be the maximum charge permitted
by the Aged Care Act.
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E2.04
The accommodation charge:
(a)
accrues while you are on leave for the purposes of the Aged Care Act;
(b)
does not accrue for any day during which:(i)
the Care Facility is not certified under the Aged Care Act; or
(ii)
its certification is suspended; or
(iii)
the Organisation is prohibited under the Aged Care Act from charging
the accommodation charge; or
(iv)
you are in respite care in a case where you transfer from respite to high
level residential care; or
(v)
a determination by the Secretary that the payment of the
accommodation charge will cause you financial hardship, is operative
and;
(c)
does not accrue for any other day after you depart the Care Facility.
E3.
FINANCIAL HARDSHIP APPLICATION
E3.01
If you or the Organisation make an application to the Secretary that you not be
charged the accommodation charge because payment will cause you financial
hardship, the accommodation charge will be payable:
(a)
if the application is refused - from the date of your entry;
(b)
if the Secretary makes the determination but it later is revoked or ceases to be
in force - from the day after the day when the determination is revoked or
ceases to be in force.
E4.
ACCOMMODATION OR SERVICES
E4.01
The payment of the accommodation charge does not give you a right to specific
accommodation or any services in addition to those that are applicable to the level of
residential care which you require and which the Care Facility from time to time agrees
to provide.
E5.
DEFAULT IN PAYMENT
E5.01
If you fail to make a payment of the accommodation charge by the end of one month
after the day on which it is due, you will be in default under this Agreement and interest
will accrue on the unpaid amount for the period beginning at the end of one month
after the due date at the maximum rate of interest which the Commonwealth
Government determines can be charged under the Aged Care Act in respect of the
accommodation charge unless the Organisation decides to charge a lower rate of
interest. The rate of interest at the date of this Agreement is specified in item E2 of the
Summary.
E6.
FUTURE CHANGES IN LAW
E6.01
If future changes in the law require or permit accommodation charges, additional fees
or rates of interest to be worked out and charged in a different manner, the
Organisation reserves the right to charge up to the maximum permissible charge, fee
or rate of interest as the case may be.
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E7.
REFUND
E7.01
When you depart the Care Facility or if you die, you or your estate will be entitled to a
refund of any accommodation charges paid in advance in respect of a period after
your departure or death.
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This Agreement comprises this page and the preceding ..... pages and includes the Summary of
Main Items, Schedules A, B, C and *D *E
Signed by the Resident
in the presence of
)
)
)
)
)
...............................................
)
)
)
)
...............................................
District Manager
......................................
Witness
Signed for and on behalf
of the Organisation by
in the presence of
......................................
Witness
I acknowledge that a representative of the Organisation at the Care Facility:
1.
has told me of the terms of the Resident Agreement and helped me to understand them,
including:
my rights and obligations;
the services to be provided;
fees and other charges; and
2.
has advised me to obtain legal advice before signing the agreement.
...................................................
Incoming Resident
Date:
*
*
delete whichever is inapplicable
add any additional documents which are included in the agreement e.g. special conditions
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