About Home Care Agreements
A Home Care Agreement is a legal written agreement (like a contract) between:
- you, the approved provider
- your care recipient (or their legal representative).
It sets out:
- how you will provide or organise services
- who will provide them
- how much they will cost, including Home Care Package fees.
Along with the Home Care Agreement, you must also provide a:
These documents can sit as attachments to the Home Care Agreement.
What to include in an agreement
Home Care Agreements must be in plain language and easy to understand.
They must include the following information:
1. Details of people and services
This section must include:
- care recipient details
- your provider details
- the date the services will begin
- the levels of care and services you will provide or organise
- when you will provide the services (if they are not ongoing).
2. Fees and charges information
This section must include:
- a copy of your pricing schedule, which includes your service prices and maximum Home Care Package fees
- if you charge service prices different to the schedule, the reason for the difference
- your policies for setting fees (that is, basic daily fee, income tested care fee and additional fees)
- what they will need to pay during temporary leave from services.
3. Other details
This section must include:
- when you or the care recipient can end services
- when the care recipient can take temporary leave from services
- your complaints process
- your and the care recipient’s responsibilities, including a copy of the Charter of Aged Care Rights
- a statement that you will provide services using a consumer-directed care approach
- a statement that you will provide a care plan, individualised budget and monthly statement.
How to prepare an agreement
You must:
- work with your care recipient to prepare their Home Care Agreement
- make sure the care recipient understands everything in the agreement and agree to all the fees, prices and conditions before any services can begin (if needed, use the Translating and Interpreting Service)
- negotiate an agreement that suits both you and the care recipient
- ensure agreements do not contain unfair contract terms – you may use standard form contracts, but must consider your care recipients’ consumer rights when preparing their agreement.
Australian consumer law protects care recipients from unfair terms in standard form contracts. The law offers care recipients increased protection in circumstances where they have little or no opportunity to negotiate with the provider.
When to provide an agreement
You cannot start delivering services until the Home Care Agreement has been signed.
When you have prepared the Home Care Agreement, provide a signed copy to your care recipient as soon as possible. You must do this and give them time to sign the agreement before you start services.
Care recipients may choose not to sign or have not been able to physically sign a Home Care Agreement but still receive services.
In such cases, you should record:
- the reason why the care recipient did not want to sign or was unable to sign
- evidence that they were given the chance to sign and agreed to the services verbally.
Reviewing and updating an agreement
Care needs can change over time. You must review a care recipient’s Home Care Agreement, as part of your ongoing care discussions with the care recipient.
Find out more about updating Home Care Agreements.
Learn more
For further guidance on Home Care Agreements, refer to the Home Care Packages Program Operational Manual.