Charter of Aged Care Rights
As an MPS provider, you are responsible for helping your clients understand the Charter of Aged Care Rights.
You need to:
- give your clients a copy that you have signed
- help them to understand it
- make sure your clients, or their representatives, have an opportunity to sign the charter.
About resident agreements
A resident agreement is a legal agreement between an older person accessing residential, residential respite or home care and an MPS provider.
The resident agreement must be written in plain language and easy to understand.
It sets out the:
- care and services you will provide
- fees to be paid
- older person’s rights.
What to include in the agreement
The resident agreement should state that a resident has a right to occupy a place in your MPS.
Their right to a place begins on the day the agreement takes effect and continues until the end of either:
- the period set out in the agreement
- the resident’s life.
The agreement must also include the following.
Details of people and services
It must include:
- resident details
- your provider details
- the date you will start providing services
- the levels of care and services you will provide.
Fees, charges and payments information
It must include:
- any fees the resident may be asked to pay
- a copy of your policies and practices used to set fees, charges and payments
- what happens if a resident doesn’t pay fees, charges or payments.
Other details
It must include:
- why you may ask the resident to leave
- how you will help the resident find alternative accommodation if you ask them to leave
- how you deal with complaints
- any other matters agreed between you and the resident, within the requirements of the Aged Care Act 1997.
When to provide, review and update an agreement
You should provide a resident agreement to a resident before or not long after they move in.
You must review and update the resident agreement if:
- their care needs change
- your costs change
- they ask you to.
This should be part of your ongoing care discussions with the person.
You must provide a copy of the updated agreement to the resident as soon as possible after finalising it.
Legal requirements
For legislated requirements on completing resident agreements see:
- Division 59 of the Aged Care Act 1997
- Division 4 of the User Rights Principles 2014.