Home Care Agreement (Levels 1,2,3 & 4 Home Care Package) · 1.1 The Australian Government provides...

Home Care Agreement

Simply Legal Pty Ltd

Home Care Agreement (Levels 1,2,3 & 4 Home Care Package)

Home Care Agreement

Simply Legal Pty Ltd 387083v1 393409v1

What is a Home Care Agreement? The Aged Care Act 1997 (Cth) requires an approved provider to offer all Home Care recipients a Home Care agreement. A Home Care agreement is a legal agreement between you as the client and us as the care provider, which sets out a number of key elements about how the Home Care will be delivered. It may be signed by you if you have the requisite capacity, or your representative. It sets out your rights and obligations, and the rights and obligations of us. In some circumstances, you will not have the necessary decision making capacity to enter into this agreement with us as part of requiring Home Care. If this is the case, your representative will need to review and enter into this agreement on your behalf. Once this agreement is signed by your representative, you will be bound by the terms of this agreement and subject to the rights and obligations contained within it. A Home Care agreement sets out for both you the care recipient and us the Home Care provider what care and services will be provided and to what standard. Agreements are a contract between the client and the care provider and, as such, if you have any concerns about the content of this Home Care agreement, or if English is your second language, or you have a visual or hearing impairment or other special need, you may wish to take time to seek advice from friends, family, a financial adviser or a legal practitioner. This agreement includes information about the type of care needed by you, the circumstances in which the care may cease and fees required to be paid in return for the care.


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Table of contents

1 Home Care Package 1

2 The basic Agreement 1

3 Understanding and definitions 1

4 Receiving care 2

5 Your rights and responsibilities 2

6 Fees and Charges 3

7 Default interest 3

8 If you want to end this Agreement 3

9 Suspension of care 4

10 Equipment 5

11 Workplace health and safety 5

12 Special conditions 6

13 Our promises 6

14 Providing information to other Approved Providers 6

15 Termination by us 6

16 Assistance to move to residential care 7

17 Notices 7

18 Costs, stamp duty 7

19 Power of attorney 7

20 Variation 7

21 Problems 7

22 GST 8

23 Guarantee and indemnity 8

24 Privacy 9

Annexure 1 – Important Information for you 1

Annexure 2 – Fees 1

Annexure 3 – Additional Services 1

Annexure 4 – Special conditions 1

Annexure 5 – Understanding and definitions 1

Annexure 6 – Charter of Rights and Responsibilities for Home Care 1

Annexure 7 – Complaints and Dispute Resolution 1

Home Care Agreement Simply Legal Pty Ltd

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Annexure 8 – Home Care Common Standards 1

Annexure 9 – Care Plan & Specified Care & Services 1

Home Care Agreement


Important Information Schedule

Date of this Agreement

Approved Provider (We, us)

Name: ABN Address: Phone: Facsimile:

Client (You, your)

Name: Address: Phone: Email:

Client’s Representative

Name: Address: Phone: Email:

Commencement Date for Care

Home Care Package

Level 1 – To support people with basic care needs Level 2 – To support people with low level care needs Level 3 – To support people with intermediate care needs Level 4 – To support people with high care needs (Delete which is not applicable)

Care Plan Refer to Annexure 9

Guarantor

Period of Care

Fee* $ per week / fortnight / month (Delete which is not applicable)

Default Interest Rate % per annum

Home Care Agreement Simply Legal Pty Ltd

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Additional Services and charges for Additional Services (Annexure 3) included at the Commencement Date

Yes / No (Delete which is not applicable) (if yes, see Annexure 3)

Special conditions (Annexure 4)

Yes / No (Delete which is not applicable) (if yes, see Annexure 4)

* Further detail regarding Fees may be found at Annexure 2.

Home Care Agreement Page 1


PART ONE - SUMMARY

1 Home Care Package 1.1 The Australian Government provides funding for Home Care Packages aimed at

supporting people to remain living at home for as long as possible.

1.2 There are four levels of Home Care Packages:

(a) Home Care Level 1 – to support people with basic care needs;

(b) Home Care Level 2 - to support people with low level care needs;

(c) Home Care Level 3 - to support people with intermediate care needs;

(d) Home Care Level 4 - to support people with high care needs;

1.3 The objectives of the Home Care Packages Program are:

(a) To assist people to remain living at home for as long as possible; and

(b) To enable consumers to have choice and flexibility in the way that care and support is provided at home.

1.4 At some time in the future, in certain circumstances, you may no longer be able to continue on your Home Care Package.

2 The basic Agreement 2.1 This Agreement sets out how we will provide the Home Care and services you need

and how you will receive the care and services from us.

2.2 We agree to provide you with the type of Home Care and services contained in your Care Plan and required by the Standards.

2.3 We will take all reasonable steps to comply with our obligations set out in this Agreement, except where you can and have agreed to exclude any of our duties to you. Any agreed exclusions will be added to Annexure 4 to this Agreement.

2.4 In return, you agree to pay to us all Fees and Charges applicable to your care and services and to honour your obligations to behave appropriately in accordance with the Charter of Rights and Responsibilities for Home Care and this Agreement, to the extent within your control.

2.5 If you do not sign this document, there will be a legal agreement with you on the terms and conditions set out in this Agreement should you accept services or assistance under your Home Care Package after receiving this document.

3 Understanding and definitions 3.1 A summary of the specific information relating to you is set out at the front of this

Agreement, referred to as the Important Information Schedule.

3.2 Details relating to some concepts or further details about particular clauses is set out at the back of this Agreement, referred to as the Annexures and shown in the contents page.

3.3 To assist with clarity and to improve understanding:

(a) words and phrases in this Agreement that are given a capital letter at the beginning of the word or words, have the meanings given to them in Annexure 5 to this Agreement; and



(b) for interpretation of this Agreement, unless the context otherwise requires, the rules set out in Annexure 5 to this Agreement will apply.

PART TWO – YOUR TERMS

4 Receiving care 4.1 When you engage our services we are under an obligation to provide you with care

and services in the community for as long as you need or want, subject to your and our rights to terminate this Agreement.

4.2 Prior to the Commencement Date we will consult with you and/or the Client Representative to determine a Care Plan appropriate to your assessed needs and within the Specified Care and Services. The Care Plan will be monitored and will be reviewed at least annually. Any change in the care and services to be provided to you will only be implemented in accordance with the Act and law

4.3 You will only receive the services listed in your Care Plan based on your assessed needs and your goals. These services will continue until such time as the services are varied by agreement, or suspended, or the Agreement with you is terminated.

4.4 In agreeing on the services to be provided, you will be encouraged by the Home Care coordinator to identify goals, which may include independence, wellness and re-ablement.

4.5 We require you or the Client Representative to sign your care plan to verify your agreement with the services outlined in the Care Plan.

5 Your rights and responsibilities 5.1 If we request you to acquire and maintain public liability insurance at your place of

residence, you agree that you will do so with a reputable insurer on terms reasonably acceptable to us.

5.2 You will to the extent within your control, treat us and our staff with respect at all times and in a manner consistent with the responsibilities section of the Charter of Rights and Responsibilities for Home Care. This includes notifying us if you will not be available for a scheduled visit by a Care Worker.

5.3 Both you (to the extent within your control) and we must act in a manner consistent with the Charter of Rights and Responsibilities for Home Care, however this is not intended to be, nor should it be taken to be, an exhaustive list of all your rights and responsibilities.

5.4 You understand and acknowledge that your care needs may increase beyond our capacity to meet them. If this occurs and we are unable provide the care to meet your needs this may be grounds for us to ask you to use other service providers under clause 14.1 or alternatively we will assist you in making an application for residential based care.

5.5 We will provide to you within seven days of receiving your written request:

(a) a statement of the financial position of our Home Care service, including the costs of Home Care, that explains any Fees and Charges payable by you; and

(b) a copy of the most recent version of our audited accounts.

5.6 Your rights and obligations under this Agreement cannot be transferred or assigned to another person. We may transfer or assign our rights and obligations under this Agreement to a purchaser or transferee at any time provided we comply with any



obligations under the Act or law, including any obligations to provide you with sufficient notice.

6 Fees and Charges 6.1 You agree to pay all Fees and Charges on the dates and by the method as agreed in

this Agreement, to the extent within your control. Our preferred method of payment is by direct debit.

6.2 Fees

(a) The Act specifies the manner in which the Fees (if any) are calculated and these are detailed in Annexure 2 to this Agreement. You will only need to refer to Annexure 2 if we require you to pay Fees.

(b) If after the Commencement Date your circumstances change or the information previously provided for you is inaccurate, then you agree to pay any Fees which should have been paid from the Commencement Date or the date of your change of circumstances, as the case may be.

(c) If you are financially disadvantaged then you may not be required to pay Fees. However if we do not have all of the information required to work out the Fee (if applicable) on the Commencement Date, we may work out an interim Fee which is payable by you on the basis of the information which we have received.

(d) If you do not wish to disclose financial details to us, you may be required to pay the Maximum Fee.

6.3 Services (a) We will provide the services in connection with your Home Care Package required

by the Act, Standards, this Agreement and relevant to your Care Plan.

(b) We will provide available Additional Services on a fee for service basis as set out in Annexure 3 to this Agreement or as otherwise agreed with you.

(c) The charges for Additional Services are subject to change. We will advise you before the charges for Additional Services are changed.

(d) If we provide food required to make meals or source meals at your request (rather than providing assistance with preparation of meals), we will also be entitled to reimbursement for the costs of the food together with a reasonable charge for any travel and the cost of obtaining the food.

7 Default interest If any amount payable by you to us under this Agreement is not paid on the date upon which it is due, we will be entitled to charge default interest on the outstanding amount at the Default Interest Rate effective from the due date for payment.

8 If you want to end this Agreement 8.1 You may withdraw from this Agreement for any reason by providing us with 14 days’

written notice of your intention to terminate this Agreement. This Agreement will terminate 14 days' from the date of your notice, unless you specify a later date for termination.

8.2 Our rights to terminate are set out at clause 15.1.



9 Suspension of care 9.1 You may request suspension of the services for your Home Care Package under this

Agreement for any reason and whenever required. A request from you not to receive care and services for 5 or more consecutive days will constitute a suspension of services.

9.2 We can, until it is determined otherwise pursuant to the Act or the User Rights Principles, receive financial assistance in the form of subsidies and supplements in respect of your Home Care Package where the services under your Home Care Package is suspended by you:

(a) on each day of any period during which you attend hospital for the purpose of receiving hospital treatment:

(i) up to a maximum of twenty-eight (28) consecutive days – the amount mentioned in the Aged Care Determination for the level of care you are taken to have been provided with during the suspension of care; and

(ii) for a subsequent consecutive day – 25% of the amount mentioned in the Aged Care Determination for the level of care you are taken to have been provided with during the suspension of care (excluding all supplements other than the Viability Supplement or the Aged Care Workforce Supplement as the context requires);

(b) on each day of any period during which you are provided with respite care:

(i) up to a maximum of 28 days in our financial year - the amount mentioned in the Aged Care Determination for the level of care you are taken to have been provided with during the suspension of care; and

(ii) after 28 cumulative days – 25% of the amount mentioned in the Aged Care Determination for the level of care you are taken to have been provided with during the suspension of care (excluding all supplements other than the Viability Supplement or the Aged Care Workforce Supplement as the context requires);

(c) for an additional twenty-eight (28) days in our financial year for reasons other than (a) and (b) above; and

(d) following an In-Patient Hospital Episode, you have taken Transition Care leave as is necessary to ensure that your further Transition Care needs are met:

(i) up to a maximum of twenty-eight (28) consecutive days – the amount mentioned in the Aged Care Determination for the level of care you are taken to have been provided with during the suspension of care; and

(ii) for a subsequent consecutive day – 25% of the amount mentioned in the Aged Care Determination for the level of care you are taken to have been provided with during the suspension of care (excluding all supplements other than the Viability Supplement or the Aged Care Workforce Supplement as the context requires.

9.3 During a suspension of services (other than when it is in connection with Transition Care or respite care) you agree to continue to pay our Fee in accordance with this Agreement.

9.4 Where, with your consent, another care recipient temporarily uses the Home Care Package otherwise allocated to you during a suspension of services, we will reduce any Fee payable by you under clause 9.3 to reflect the additional income we receive by using your allocated Home Care Package.



9.5 Any suspension of services for periods beyond those set out in clause 9.2 are considered leave and may be agreed at the relevant time, the terms of which are subject to our discretion.

10 Equipment 10.1 As part of your Care Plan it may be necessary for us to provide certain Equipment to

you, which we may do by way of hire or lease arrangements. Alternatively, we may purchase the Equipment on your behalf.

10.2 If we purchase the Equipment on your behalf you may be required to pay a non-refundable contribution for the difference between any funding provided by the Department for your Home Care Package and the full cost of the Equipment purchased. We will retain ownership of the Equipment purchased on your behalf when you cease your Home Care Package unless you have contributed more than 50 per cent of the total cost of the Equipment purchased.

10.3 You agree that you will be responsible for any loss, damage, costs of repairs and/or replacement of Equipment we provide under this Agreement where that Equipment is damaged by:

(a) any person, other than a Care Worker in the course of carrying out the services to you; or

(b) any other cause whatsoever (other than by a Care Worker).

10.4 You agree to indemnify us against any claim arising as a result of injury to any person (other than a Care Worker) caused by the misuse or negligent use of the Equipment whilst the Equipment is in your residence or on the land upon which it is situated.

10.5 In this clause, claim includes any claim, action, proceeding, demand, liability, obligation, cost, loss, damages or expense.

11 Workplace health and safety

11.1 You understand that your residence and the land upon which it is situated will be a workplace for Care Workers.

11.2 You agree to be responsible:

(a) for ensuring that we are made aware in advance of any risks associated with Care Workers being at your residence; and

(b) for taking steps to ensure that any risks are rectified and addressed at your own cost.

11.3 You agree to allow us, upon giving reasonable notice, to conduct an inspection of your residence and land to assess the risks of providing services.

11.4 We may at any time suspend the provision of our services to you while a risk referred to under this clause remains unrectified, and will recommence the services once the risk has been addressed to our reasonable satisfaction.

11.5 While we acknowledge and respect your autonomy, you acknowledge that there may be occasions where we or a Care Worker consider it necessary to enter your residence and land, or take other action for your well-being and safety (such as contacting the police, an ambulance or your representative), without your express consent or the consent of your representative. You hereby provide your consent for us or our Care Workers to take such action in circumstances where we reasonably believe that an emergency exists.



12 Special conditions 12.1 The special conditions (if any) that apply to this Agreement are set out in Annexure 4 to

this Agreement.

12.2 To the extent that any of the special conditions conflict with any other provision of this Agreement the special conditions prevail, but to the extent that any special condition conflicts with the Act then the Act will prevail.

PART THREE – OUR TERMS

13 Our promises 13.1 We confirm that:

(a) we are an Approved Provider pursuant to the Act;

(b) we will provide you with the services required by law and as set out in the Standards, your Care Plan (as varied from time to time) and this Agreement;

(c) we will provide any Additional Services requested by you on the terms and conditions agreed and set out in Annexure 3 to this Agreement; and

(d) we will provide any particular care and services agreed as part of the special conditions as set out in Annexure 4 to this Agreement.

14 Providing information to other Approved Providers 14.1 If you are to move to our service we will make arrangements to obtain personal

information about you from your previous care provider.

14.2 If you are to move from our service we will make arrangements to transfer your personal information to your new care provider. We will be limited by the Act as to information we can provide a new care provider.

14.3 Under this Agreement you authorise us to provide or obtain the personal information as referred to in this clause.

15 Termination by us 15.1 In certain circumstances, we may terminate this Agreement and reallocate the Home

Care package to another care recipient by providing written notice to you only if:

(a) your condition changes to the extent that you no longer need Home Care services or your needs can be met more appropriately by other types of services or care;

(b) you advise us that you no longer wish to receive Home Care services from us, or you want to move to an alternative service;

(c) you advise us in writing that you wish to move to a location where we do not provide Home Care services;

(d) you cannot be cared for in the community with the resources available to us;

(e) you do not meet your responsibilities, as described in the Charter of Rights and Responsibilities for Home Care, for a reason within your control;

(f) you commit a Material Breach of this Agreement.

15.2 We can reallocate your Home Care Package to another care recipient if you have terminated this Agreement in accordance with clause 8.



15.3 Any termination of this Agreement by us will be undertaken in accordance with the Act and law.

15.4 In the event that any of the above situations occur, we will ensure every effort is made to transfer you to a more appropriate service or program. We will ensure your current services remain in place until an appropriate service or program is sourced. We will work with you and the new service provider to ensure your transition is smooth with minimal disruption to your care needs.

15.5 If any Fees and Charges have been paid in advance, any refundable fee will be paid to you as soon as practicable after your Home Care Package ceases.

16 Assistance to move to residential care

16.1 In circumstances where we assess that your care needs are unable to be met through our service under this Agreement, we will assist in making an application for your residential based care or other appropriate care. You agree to assist us with such application and to transition to residential based or other appropriate care subject to your rights at law and under the Act.

16.2 If you are required to transition to residential based or other appropriate care, you acknowledge that we do not guarantee you a position in any of our facilities or services, and we cannot provide you with priority or any preferential treatment if you wish to access our facilities or other services.

PART FOUR – ADMINISTRATION

17 Notices 17.1 Any notice or other written communication required under this Agreement may be

given to you or the Client Representative.

18 Costs, stamp duty 18.1 You and we will each pay our own costs of and incidental to this Agreement.

18.2 All stamp duty (if any) payable on this Agreement will be paid by you.

19 Power of attorney 19.1 Where this Agreement is executed by a person as attorney or agent for you, that

person warrants to us that he or she or they have authority to so sign and will deliver to us at the time you deliver the signed Agreement, a copy of the power of attorney or appointment of agent evidencing this authority.

20 Variation 20.1 This Agreement may be varied by mutual consent provided that we have given you

reasonable notice in writing of the proposed variation and following adequate consultation between you and us but must not be varied in a way that is inconsistent with the Act or law.

20.2 Any variation must be in writing and signed by all parties to this Agreement.

21 Problems 21.1 You are entitled to make any genuine complaints about the provision of Home Care

services without fear of reprisal.



21.2 If you are dissatisfied about anything that occurs with the Home Care services, you need to tell us so that we can address the issue. We will use all reasonable efforts to resolve any dispute or area of dissatisfaction between you and us by negotiation and in accordance with our internal dispute resolution processes.

21.3 We will convene a meeting between a representative of us and you or the Client Representative to hear the complaint.

21.4 If we cannot satisfactorily resolve any dispute you may use the processes as set out in Annexure 8 to this Agreement.

22 GST 22.1 If any supply made by us under this Agreement or any variation to it is a taxable supply

for the purposes of the GST Act, then in addition to any amount of Fees and Charges expressed as payable to us elsewhere in this Agreement, we shall be entitled to recover from you an additional amount on account of GST, an amount of our GST liability in respect of each supply which will be recoverable at the same time as the amount or Fees and Charges is payable for any supply.

23 Guarantee and indemnity 23.1 In this clause:

(a) where a Guarantor comprises two or more persons this Guarantee binds those persons jointly and severally; and

(b) a Guarantor in this Guarantee includes that person’s executors and administrators, successors and permitted assigns.

23.2 In consideration of us making available our care and services to you:

(a) the Guarantor unconditionally and irrevocably guarantees to us your punctual payment of the Fees and Charges;

(b) the Guarantor agrees that if you do not pay the Fees and Charges on or before the time when they are due for payment, the Guarantor will immediately pay the Fees and Charges to us, whether or not demand has been made by us to you;

(c) the Guarantor unconditionally and irrevocably indemnifies us against all loss we suffer as a result of the Fees or Charges (or any part thereof) not being recoverable from, or any liability to pay the Fees and Charges not being enforceable against you.

23.3 We may assign the rights under this Guarantee by giving the Guarantor 14 days' written notice.

23.4 This Guarantee will:

(a) be a continuing guarantee and indemnity and will not be considered partially or wholly discharged by the payment at any time of part of the Fees and Charges until all your obligations are paid in full; and

(b) not be affected by:

(i) the granting to you or another person, any time to pay or other consideration;

(ii) any variation of any document between you and us;

(iii) us postponing for any time or from time to time the exercise of any of our powers or rights against you or the Guarantor.



24 Privacy 24.1 We are committed to the National Privacy Principles contained in the Privacy Act 1988

(Cth). We may collect, use and disclose various personal information about you for the purposes of providing services to you, facilitating our internal business operations, including the fulfilment of any legal and regulatory requirements and providing you with information about us and the services that we offer. We may disclose personal information about you to your nominated next of kin in an emergency, our related entities and affiliated organisations and service providers, who assist us in operating our business. Also, if we provide you with in-home care, we may leave your record of treatment which includes personal information, at your home. You acknowledge that you will keep the record safe and secure and that you will inform us if any event or threatened event jeopardises the safety and security of this record.

24.2 We will at all times take reasonable steps to ensure the confidentiality and privacy of personal information provided to us by you, the Client Representative and relatives is managed and used according to law and this Agreement



Executed as a deed SIGNED (SEALED AND DELIVERED) by [insert name of provider] [provider ACN] ACN in accordance with Section 127 of the Corporations Act 2001 (Cth)

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Director

Print full Name

Director/Secretary

Print Full Name

SIGNED (SEALED AND DELIVERED) by [insert the Client details]

in the presence of:

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Signature of the Client

Signature of Witness

Name of Witness

SIGNED (SEALED AND DELIVERED) by [insert the Client Representative’s details] in the presence of:

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Signature of the Client’s Representative


Name of Witness



SIGNED (SEALED AND DELIVERED) by [ insert the Guarantor's details] in the presence of:

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Signature of the Guarantor


Name of Witness



Annexure 1 – Important Information for you It is strongly recommended that all persons signing this Agreement obtain independent legal and financial advice. This Agreement is a legally binding document.

Acknowledgment by the Client's Representative I acknowledge that:

1. I am advised to seek and obtain independent legal advice on the nature and effect of the Home Care Agreement before signing the document and have had the opportunity to do so.

2. I have:

(a) obtained independent legal advice*; or

(a) chosen not to take independent legal advice*,

on the nature and effect of the Home Care Agreement and any indemnity contained on the Home Care Agreement.

* Delete whichever is not applicable.

3. I have read and understand the nature and effect of the Home Care Agreement.

4. I have executed the Home Care Agreement freely and voluntarily and without any influence from the Approved Provider.

5. I have explained the rights and obligations set out under this Home Care Agreement to the Client and taken all reasonable steps to allow the Client to understand their rights and obligations.

Signed by the Client’s Representative:

Signed:

Name: Dated:

Acknowledgment by the Client I acknowledge that:

1. I am advised to seek and obtain independent legal advice on the nature and effect of the Care Agreement before signing the document and have had the opportunity to do so.

2. I have:

(a) obtained independent legal advice*; or

(b) chosen not to take independent legal advice*,







Signed by the Client

Signed:

Name: Dated:

Acknowledgment by the Guarantor I acknowledge that:

1. I am advised to seek and obtain independent legal advice on the nature and effect of the Home Care Agreement before signing the document and have had the opportunity to do so.

2. I have:

(c) obtained independent legal advice*; or

(d) chosen not to take independent legal advice*,





Signed by the Guarantor

Signed:

Name: Dated:



Annexure 2 – Fees Fee Fee payable Estimated at $___________ per fortnight but subject to variation

from time to time and confirmation by the Department. Amount of the Pensioner Supplement: $_____________

How payable Fortnightly in arrears by direct debt. How Calculated: (Determination of levels of maximum daily amounts of Home Care Fees)

This section applies if we require you to pay ongoing Home Care Fees. The maximum Fees that we can charge you will depend on your income. We must also have regard to unavoidable expenses that you may incur such as high pharmaceutical bills, rent, utilities and other living expenses when determining the maximum Fees that we can charge you:

(a) For income at the basic rate of the single pension:

If your income does not exceed the amount of the maximum basic rate of the single pension payable from time to time under Part 2.2 of the Social Security Act 1991 (Cth) to persons classed as ‘not a member of a couple’, the Fee must be determined so that the maximum Fee is 17.5% of the maximum basic rate of single pension, unless subsection (c) applies. This calculation applies to both single and married consumers.

(b) For income more than the basic rate of the single pension:

If your income exceeds the amount of the maximum basic rate of single pension, the Fee must be determined so that the maximum Fee does not exceed an amount equal to 17.5% of the maximum basic rate of single pension plus 50% of the amount by which your income exceeds the maximum basic rate of single pension, unless subsection (c) applies.

(c) If:

(i) you receive a pension under the Social Security Act 1991 (Cth) and the Client’s family situation under part 2.2 of that Act is classified as ‘Partnered (partner getting pension or benefit)’; or

(ii) you receive an equivalent pension under the Veterans Entitlements Act 1986 (Cth);

the Fee must be determined so that the Fee does not exceed an amount equal to 17.5% of the maximum basic rate of single pension plus 50% of the amount by which your income exceeds the maximum basic rate of single pension payable to you.

(d) In determining Fees under this section, income tax and



Medicare levy must be deducted, but no account must be taken of any amounts of rent assistance, pharmaceutical allowance, telephone allowance, pension supplement and clean energy supplement payable under the Social Security Act 1991 (Cth) or the Veterans Entitlements Act 1986 (Cth).

(e) If for any reason during the course of your care, you are in a position of financial hardship, please make contact with us for further discussion.

(f) The Fees which you will pay for your Home Care Package will be reviewed by us bi-annually and may change depending on increases in the maximum basic rate of single pension which is reviewed in March and September each year by the Department.



Annexure 3 – Additional Services

[Specify Additional Services and charges, if any.]



Annexure 4 – Special conditions [Specify special conditions, if any]



Annexure 5 – Understanding and definitions

Act Means the Aged Care Act 1997 (Cth) and the Aged Care Principles.

Additional Services Means the additional services and provision of Equipment, aids or medication not included under your Care Plan or by the Standards as set out in Annexure 3 to this Agreement.

Aged Care Determination Means the Aged Care (Home Care Subsidy Amount) Determination 2013 (Cth)

Agreement Means this agreement and includes the annexures to this Agreement.

Approved Provider Means an entity that has been approved under the Act to provide Home Care and for the purposes of this Agreement, the party named in the Important Information Schedule.

Care Plan Means the care plan set out at Annexure 9 to this Agreement which is for care needs you have been assessed as requiring at the time you entered into this Agreement and includes any variations to the care plan which may occur from time to time.

Client Means you (a ‘care recipient’ as defined in the Act), the person to whom the Approved Provider is providing Home Care services.

Client’s Representative Means the person named in the Important Information Schedule, who must be:

(a) a person who holds an enduring power of attorney given by the Client to decide the health care and other kinds of personal services the Client is to receive; or

(b) any person otherwise duly appointed according to law with the authority and capacity to bind the Client.

Care Worker Means the person or persons providing the Home Care services to you on our behalf, including but not limited to our staff, agency workers, contracted care workers, employees of contracted care workers and volunteers.

Charter of Rights and Responsibilities for Home Care

Means the rights and responsibilities set out in the User Rights Principles for Home Care as amended under the Act from time-to-time, as set out in Annexure 6 to this Agreement.



Commencement Date Means the date that you are first entitled to receive Home Care services.

Default Interest Rate Means the interest rate detailed in the Important Information Schedule.

Department Means the Commonwealth Department of Health and Ageing.

Dispute Resolution Means the method for resolving disputes between you and us pursuant to clause 21 and Annexure 7 to this Agreement.

Equipment Means any equipment detailed in Annexure 9 and included in your Care Plan or added by virtue of a review of your Care Plan.

Fee Means the fee to be paid by you to us (if any) pursuant to Annexure 2 to this Agreement or such other amount as may be determined pursuant to the Act from time to time.

Fees and Charges Means all the fees, charges or disbursements of any kind that we are entitled to charge you or recover from you under this Agreement or under the Act.

GST Means a tax, imposed or duty on goods, services or other things introduced by Commonwealth, State or Territory.

GST Act Means A New Tax System (Goods & Services Tax) Act 1999 (Cth) as amended.

Guarantee Means the Guarantee and Indemnity forming part of this Agreement in clause 23.

Guarantor Means the person or persons named in the Important Information Schedule.

Home Care Means care consisting of a package of personal care services and other assistance provided to a Client who is not being provided with residential care and as set out in the Home Care Subsidy Principles, including Home Care services.

Home Care Package Means a Level 1 Package, Level 2 Package, Level 3 Package or Level 4 Package as the context permits.

Important Information Schedule

Means the important information schedule set out in the beginning of this Agreement.



In-Patient Hospital Episode Means a continuous period during which you are an in-patient of a hospital and are provided with acute care and any necessary subacute care (if any) or subacute care.

Level 1 Package Means a kind of care package to support a Client with basic care needs and for which care subsidy and supplements may be payable by the Department as specified in Part 2 of the Aged Care (Home Care Subsidy Amount) Determination 2013.

Level 2 Package Means a kind of care package to support a Client with low level care needs and for which care subsidy and supplements may be payable by the Department as specified in Part 2 of the Aged Care (Home Care Subsidy Amount) Determination 2013.

Level 3 Package Means a kind of care package to support a Client with intermediate care needs and for which care subsidy and supplements may be payable by the Department as specified in Part 2 of the Aged Care (Home Care Subsidy Amount) Determination 2013.

Level 4 Package Means a kind of care package to support a Client with high level care needs and for which care subsidy and supplements may be payable by the Department as specified in Part 2 of the Aged Care (Home Care Subsidy Amount) Determination 2013.

Material Breach Means a breach of a material term of this Agreement and any other fundamental breach that goes to the very essence of this Agreement.

Material terms of this Agreement include:

(a) clause 2.4 and 6.1 regarding payment of Fees and Charges;

(b) clause 5.2 regarding behaviour; and

(c) clause 11 regarding health and safety.

Maximum Fee Means the maximum Fee payable and as updated from time to time and published on the Department’s website.

Pensioner Supplement Means the amount of pensioner supplement determined under the Act from time to time.

Period of Care Means the period set out in the Important Information Schedule but if no period is given, then for the remainder of your life, subject always to clauses 8 and 14.1 of this Agreement.



Quality of Care Principles Means the principles made pursuant to the Act with regard to the quality of the care required to be provided.

Specified Care and Services Means the specified care and services available at any level of Home Care Package as amended by the Department from time to time. A copy of the Specified Care and Services, current at the date of this Agreement, is attached as Annexure 9 to this Agreement.

Standards Means the Home Care Common Standards in the Quality of Care Principles, as set out in Annexure 8 to this Agreement.

Transition Care Means a form of flexible care provided to you:

(a) at the conclusion of an In-Patient Hospital Episode;

(b) in the form of a package of services, that includes at least low intensity therapy and either nursing support or personal care;

(c) which can be characterised as goal orientated, time limited, therapy focused, targeted towards older person and necessary

User Rights Principles Means the principles made pursuant to the Act detailing our responsibilities to you in providing Home Care.

we, us, our Means the Approved Provider set out in the Important Information Schedule and its successors and assigns.

you, your Means the Client set out in the Important Information Schedule and where applicable, includes the Client Representative.

Interpretation

In this Agreement, unless the contrary intention appears:

(a) headings are for ease of reference only and do not affect the meaning of this Agreement and do not form part of the clause;

(b) the singular includes the plural and vice versa and words importing a gender includes other genders;

(c) words used in this Agreement and defined in the dictionary will have the meaning set out in the dictionary. Other grammatical forms of defined words or expressions have corresponding meanings;

(d) a reference to a clause, paragraph, schedule or annexure is a reference to a clause or paragraph of, schedule or annexure to this Agreement and a reference to this Agreement includes any schedules and annexures attached to this Agreement;



(e) a reference to ‘$’, ‘$A’, ‘dollar’ or ‘A$’ is a reference to Australian currency;

(f) a reference to a specific time for the performance of an obligation is a reference to that time in the state, territory or other place where that obligation is to be performed;

(g) a reference to a right includes a benefit, remedy, authority, discretion and power;

(h) a reference to a party includes its executors, administrators, successors and permitted assigns and if more than one, includes those persons jointly and each of them severally, their respective executors administrators and assigns;

(i) words and expressions importing natural persons include partnerships, bodies corporate, associations (whether incorporated or not), firms, joint ventures, trusts, authorities, governments and governmental, semi-governmental and local authorities and agencies;

(j) a reference to any legislation or statutory instrument or regulation is construed in accordance with the Acts Interpretation Act 1901 (Cth) or the equivalent State legislation, as applicable, and includes a reference to an enactment, amendment or consolidated statute and any enactment substituted for the enactment and all legislation and statutory instruments issued under, such legislation or provision;

(k) words and expressions defined in the Corporations Act 2001 (Cth) as at the date of this Agreement have the meanings given to them in the Corporations Act 2001 (Cth) at that date;

(l) words and expressions defined in the Act, if not already defined in this Agreement have the meanings given to them in the Act;

(m) any provision in this Agreement stating that a party ‘must’ do something or ‘must not’ do something should be read and construed as an agreement by that party to do or not to do the matter or thing referred to. For the purposes of this clause ‘must’ includes but is not limited, will, shall and agree;

(n) each clause in this Agreement is not, except where expressly provided, limited in meaning or effect by any other clause in this Agreement;

(o) any agreement, covenant, obligation, representation, undertaking, indemnity, guarantee or warranty entered into by a party for or with another person binds them jointly and severally and an agreement, covenant, obligation, representation, undertaking, indemnity, guarantee or warranty in favour of a party for or with another person is for the benefit of them jointly and severally. A release given to the other person shall not release the party from any other obligation. The granting of time or another indulgence to another person will not release the party of its obligations under this Agreement;

(p) if the day on which:

(i) anything, other than a payment, is to be done is not a business day, that thing shall be done on the preceding business day;

(ii) a payment is to be made is not a business day it shall be made on the next business day but if the next business day falls in the next calendar month it shall be made on the preceding business day; and

(iii) if an act, other than a payment or the giving of a communication, is required to be done on a particular day and the act is done after 5pm on that day, it will be deemed to have been done on the following day;

(q) time is of the essence in the performance of this Agreement.



Annexure 6 – Charter of Rights and Responsibilities for Home Care We will do all we reasonably can to ensure that your rights are protected. As a first step we would like to let you know about your rights and responsibilities when receiving Home Care.

Rights Each Client 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; and

(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; and

(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; and

(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; and

(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; and

(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; and

(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; and

(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 Client 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; and

(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; and

(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; and

(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; and

(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 Approved Provider if any changes occur in his or her financial circumstances; and

(b) to provide enough information for the Approved Provider to determine an appropriate level of fees.



Annexure 7 – Complaints and Dispute Resolution We encourage you to advise us if you feel you have cause for complaint. You should first raise it with the Approved Provider’s management. We will address any complaint you may have fairly, promptly and in a confidential manner. If there is a dispute which cannot be resolved locally or regionally, the dispute may be referred by you, the Client Representative or management to:

The CEO Phone: Fax: Email:

Complaints may also be referred to a number of services as set out below.

Aged Care Complaints Scheme

The Aged Care Complaints Scheme operates within the Department of Health and Ageing and receives complaints under the Act. Complaints can be made:

Online:

At http://www.health.gov.au/internet/main/publishing.nsf/Content/ageing-complaints-form.htm.

By phone:

On 1800 550 552.

Or if you need an interpreter you can phone the Translating and Interpretation Service on 131 450 and ask them to put you through to the Aged Care Complaints Scheme on 1800 500 552.

For hearing or speech impaired TTY users phone 1800 555 677 then ask for 1800 550 552.

For Speak and Listen users phone 1800 555 727 then ask for 1800 550 552.

For Internet relay users connect to https://www.iprelay.com.au/call/index.aspx and enter 1800 550 552.

In writing:

Address your letter to the Aged Care Complaints Scheme at the:

Australian Department of Health and Ageing GPO Box 9848 [your capital city and state/territory]

Aged Care Advocacy

Alternatively, you may seek assistance in resolving the dispute or complaint from an independent advocacy service, enquiries can be made by:

Phone: 1800 700 600

https://www.iprelay.com.au/call/index.aspx



Online: http://health.gov.au/agedcareadvocacy

Aged Care Commissioner:

You may seek advice from the Aged Care Commissioner by:

Phone: 1800 500 294

Fax: (03) 9663 7369

Online: www.agedcarecommissioner.net.au

or make a complaint by:

email [email protected]

writing to Locked Bag 3, Collins Street East, Victoria 8003

Commonwealth Ombudsman

You may also contact the Commonwealth Ombudsman

Phone: 1300 362 072

In writing: GPO Box 442, Canberra ACT 2601

Aged Care Information Line

The Aged Care Information Line was set up in 1997 to take calls from people who had any queries about the aged care reforms that the Government introduced at that time. Since then, it has expanded its services to provide basic assistance with queries about:

• home care;

• daily fees;

• bonds / charges;

• aged care approval round;

• income / means testing;

• access to care;

• publicity material;

• residential classification scale; and

• financial assistance and legislation.

Phone: 1800 500 853 or 1800 555 677 (Ask for the TTY National Relay Service)

http://www.agedcarecommissioner.net.au/

mailto:[email protected]



Annexure 8 – Home Care Common Standards

Part 1 Effective management

Principle: The service provider demonstrates effective management processes based on a continuous improvement approach to service management, planning and delivery.

Col. 1 Item

Column 2 Matter Indicator

Column 3 Expected Outcome

1.1 Corporate governance The service provider has implemented corporate governance processes that are accountable to stakeholders.

1.2 Regulatory compliance The service provider has systems in place to identify and ensure compliance with funded program guidelines, relevant legislation, regulatory requirements and professional standards.

1.3 Information management systems

The service provider has effective information management systems in place.

1.4 Community understanding and engagement

The service provider understands and engages with the community in which it operates and reflects this in service planning and development.

1.5 Continuous improvement The service provider actively pursues and demonstrates continuous improvement in all aspects of service management and delivery.

1.6 Risk management The service provider is actively working to identify and address potential risk, to ensure the safety of service users, staff and the organisation.

1.7 Human resource management

The service provider manages human resources to ensure that adequate numbers of appropriately skilled and trained staff/volunteers are available for the safe delivery of care and services to service users.

1.8 Physical resources The service provider manages physical resources to ensure the safe delivery of care and services to service users and organisation personnel.



Part 2 Appropriate access and service delivery Principle: Each service user (and prospective service user) has access to services and service users receive appropriate services that are planned, delivered and evaluated in partnership with themselves and/or their representative.

Col. 1 Item



2.1 Service access Each service user’s access to services is based on consultation with the service user (and/or their representative), equity, consideration of available resources and program eligibility.

2.2 Assessment Each service user participates in an assessment appropriate to the complexity of their needs and with consideration of their cultural and linguistic diversity.

2.3 Care plan development and delivery

Each service user and/or their representative, participates in the development of a care/service plan that is based on assessed needs and is provided with the care and/or services described in their plan.

2.4 Service user reassessment

Each service user’s needs are monitored and regularly reassessed taking into account any relevant program guidelines and in accordance with the complexity of the service user’s needs. Each service user’s care/service plans are reviewed in consultation with them.

2.5 Service user referral The service provider refers service users (and/or their representative) to other providers as appropriate.



Part 3 Service User Rights and Responsibilities Principle: Each service user (and/or their representative) is provided with information to assist them to make service choices and has the right (and responsibility) to be consulted and respected. Service users (and/or their representative) have access to complaints and advocacy information and processes and their privacy and confidentiality and right to independence is respected. Col. 1 Item



3.1 Information provision Each service user, or prospective service user, is provided with information (initially and on an ongoing basis) in a format appropriate to their needs to assist them to make service choices and gain an understanding of the services available to them and their rights and responsibilities.

3.2 Privacy and confidentiality

Each service user’s right to privacy, dignity and confidentiality is respected including in the collection, use and disclosure of personal information.

3.3 Complaints and service user feedback

Complaints and service user feedback are dealt with fairly, promptly, confidentially and without retribution.

3.4 Advocacy Each service user’s (and/or their representative’s) choice of advocate is respected by the service provider and the service provider will, if required, assist the service user (and/or their representative) to access an advocate.

3.5 Independence The independence of service users is supported, fostered and encouraged.



Annexure 9 – Care Plan & Specified Care & Services SPECIFIED CARE & SERVICES This Annexure contains the Care Plan and the approved list of care and services which may be provided to recipients across all Home Care Packages. The specified care and services must be provided in the best way to -

• Meet the Home Care Common Standards, as set out in Annexure 8; and

• Suit the Client’s needs, within the limitations of the funds available.

In providing Home Care Specified Care and Services, the Approved Provider will have systems in place to identify and ensure compliance with all relevant legislation, regulatory requirements, professional standards and guidelines relevant to care provision. The Approved Provider will demonstrate continuous quality improvement and ensure that its staff have appropriate training, knowledge and skills to perform their roles effectively. The range of care and services available across all levels of a Home Care Package includes the following: CARE SERVICES Note: Excludes services if the Client and carer chooses and/or is able to provide these for himself or herself. Personal services Personal assistance, including individual attention,

individual supervision and physical assistance, with: • bathing, showering including providing shower chairs if

necessary, personal hygiene and grooming, dressing and undressing, and using dressing aids;

• toileting; • dressing and undressing; • mobility; and • transfer (including in and out of bed).

Activities of daily living Personal assistance, including individual attention, individual supervision and physical assistance, with: • communication including assistance to address

difficulties arising from impaired hearing, sight or speech, or lack of common language, assistance with the fitting of sensory communication aids, checking hearing aid batteries, cleaning spectacles and assistance in using the telephone

Nutrition, hydration, meal preparation and diet

Includes: • assistance with preparing meals; • assistance with special diet for health, religious,

cultural or other reasons; • assistance with using eating utensils and eating aids

and assistance with actual feeding, if necessary; and • providing enteral feeding formula and equipment.

Management of skin integrity

Includes: • providing bandages, dressings, and skin emollients

Continence management

Includes: • assessment for and, if required, providing disposable



pads and absorbent aids, commode chairs, bedpans and urinals, catheter and urinary drainage appliances and enemas; and

• assistance in using continence aids and appliances and managing continence.

Mobility and dexterity Includes: • providing crutches, quadruped walkers, walking

frames, walking sticks and wheelchairs; • providing mechanical devices for lifting, bed rails, slide

sheets, sheepskins, tri-pillows, and pressure relieving mattresses;

• assistance in using the above aids.

SUPPORT SERVICES

Support services Includes: • cleaning; • personal laundry services, including laundering of care

recipient’s clothing and bedding that can be machine-washed, and ironing;

• arranging for dry-cleaning of care recipient’s clothing and bedding that cannot be machine washed;

• gardening; • medication management; • rehabilitative support, or helping to access; • rehabilitative support, to meet a professionally

determined therapeutic need; • emotional support including ongoing support in

adjusting to a lifestyle involving increased dependency and assistance for the care recipient and carer, if appropriate;

• support for care recipients with cognitive impairment, including individual therapy, activities and access to specific programs designed to prevent or manage a particular condition or behaviour, enhance quality of life and provide ongoing support;

• providing 24-hour on-call access to emergency assistance including access to an emergency call system if the care recipient is assessed as requiring it;

• transport and personal assistance to help the care recipient shop, visit health practitioners or attend social activities;

• respite care; • home maintenance, reasonably required to maintain

the home and garden in a condition of functional safety and provide an adequate level of security;

• modifications to the home, such as easy access taps, shower hose or bath rails. Major modifications are not met as part of Home Care services under any Home Care Package;

• assisting the care recipient, and the homeowner if the home owner is not the care recipient, to access technical advice on major home modifications;



• advising the care recipient on areas of concern in their home that pose safety risks and ways to mitigate the risks

• arranging social activities and providing or coordinating transport to social functions, entertainment activities and other out-of-home services; and

• assistance to access support services to maintain personal affairs.

Leisure, interests and activities

Includes: • encouragement to take part in social and community

activities that promote and protect the care recipient’s lifestyle, interests and wellbeing.

CLINICAL SERVICES

Clinical care Includes: • nursing, allied health and therapy services such as

speech therapy, podiatry, occupational or physiotherapy services; and

• other clinical services such as hearing and vision services.

Access to other health and related services

Includes: • referral to health practitioners or other service

providers



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Home Care Agreement (Levels 1,2,3 & 4 Home Care Package) · 1.1 The Australian Government provides...

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Transcript of Home Care Agreement (Levels 1,2,3 & 4 Home Care Package) · 1.1 The Australian Government provides...