Overview of Step 8 'Agreements'
- What are the types of aged care legal agreements? Begin 8.1
- What is a resident agreement? Begin 8.2
- What is an accommodation agreement? Begin 8.3
- When do you have to sign the aged care home agreements? Begin 8.4
- What are my rights and responsibilities in an aged care home? Begin 8.5
- How do I make a complaint to an aged care home? Begin 8.6
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View transcript of video here8.1 What are the types of aged care legal agreements?
What is a legal agreement?
After being offered a place in an aged care home (nursing home) you need to complete some paperwork, to confirm that you understand and accept the terms of moving in. This paperwork includes a resident agreement which everyone has to sign, an accommodation agreement and a higher everyday living agreement if you choose to receive additional goods and services.
You will enter into the Accommodation Agreement before you move into an aged care home and only enter into a Higher Everyday Living Agreement once you move in.
8.2 What is accommodation agreement?
What is a Resident Agreement?
- The services and care being made available to you
- The fees you will pay
- The rights and responsibility of the aged care home (nursing home)
Plus:
- Your rights and responsibilities as a resident
What should the Resident Agreement include?
The Resident Agreement should clearly identify the following things:
- The name of the aged care home
- The policies, practices and considerations used in calculating your fees
- How much you will pay as your basic daily fee
- How much you will pay if you have to pay an Hotelling Supplement
- How much you will pay for Non-Clinical Care Contributions
- The rights and responsibilities of the aged care home towards you as a resident
- Your rights and responsibilities as a resident in the aged care home
- The process for dealing with complaints - from you, family or friends
- The circumstances in which you could be asked to leave the home - for example non-payment of fees, or if your needs change and the home is not able to provide the level of care you need - and the process involved in helping you find new accommodation
Plus:
- Any other agreements made between you and the manager of the aged care home (nursing home) within the requirements of the Aged Care Act 2024
You will only enter into a Higher Everyday Living Agreement once you move into the aged care home and after you enter into it you will have 28 days to change your mind and cancel or change it.
Is the Resident Agreement Legally Binding?
Yes, the Resident Agreement is legally binding so you should be sure that you - and your family member or other representative - understand all the elements of the agreement.
- What is included and what is excluded in the costs? Consider things like food and meals, bedding, medical supplies and special equipment?
- What can the home charge you extra for?
- How will you be paying your daily care fee?
- If you are not paying it directly yourself, who is responsible and is that made clear?
Plus:
- Don’t be afraid to ask questions or request that additional details are included.
The Resident Agreement is legally binding so you should be sure that you and your family member or representative understand all elements of it.
Change of mind?
- After you have signed the Resident Agreement you have 14 days to change your mind:
- If you want to withdraw from the Resident Agreement within 14 days of signing, you need to let your aged care home (nursing home) know straight away, in writing. You will still need to pay your care fees and charges for the care you’ve received during the 14 days. If you’ve made any other payments to the home during that time, you are entitled to a refund.
- If you decide you’d like to make changes to your Resident Agreement, both you and your aged care home (nursing home) will have to agree.
Plus:
- If you want to end your Resident Agreement at any time, you will have to give notice to the home, preferably in writing.
The Resident Agreement for Respite Care
If you are only going to the aged care home (nursing home) for a short time - for respite care – you still need a Resident Agreement.
As with permanent or long term care, the Resident Agreement for respite care will provide information on both:
- your rights and responsibilities
- the rights and responsibilities of the aged care home.
It will also include: - the dates you’ll be staying at the aged care home (nursing home)
Plus:
- the costs to you – referred to as the respite care booking fee, which is a prepaid basic daily fee
8.3 What is an accommodation agreement?
The Accommodation Agreement is a legal agreement between you and the aged care home (nursing home) which sets out the accommodation costs you will be expected to pay.
What should the accommodation agreement include?
The Accommodation Agreement should clearly identify the following things:
- The price you have agreed to pay the home for your accommodation.
- Details on the three payment options you can choose from to pay the accommodation price don't have to be determined until up to 28 days after you move into the aged care home and can be changed at any time.
1.) the lump-sum amount – the Refundable Accommodation Deposit (RAD)
2.) the rental-type payment amount – the Daily Accommodation Payment (DAP)
3.) combined payment amounts, such as 50 per cent payment by lump-sum and 50 per cent rental-type payment amount - Other conditions of your accommodation payment, including, if applicable, the refund amount of your lump sum balance if you leave or die, or interest rates charged.
- The specific accommodation you will be provided with – single or shared room, ensuite or shared bathroom.
- Any services that your accommodation payment entitles you to receive.
- The date you moved into the accommodation.
Plus:
- The conditions relating to moving rooms.
8.4 When do you have to sign the aged care home agreements?
Resident Agreement
You can choose to enter into the Resident Agreement but not sign it at the time it is offered. You are free to take time to ask friends or family, your carer, financial adviser or lawyer to help you go through the agreement, if you wish.
There is no official time limit for signing the Resident Agreement, however if you choose not to sign the Resident Agreement the aged care (nursing home) must record that you have agreed to the Resident Agreement.
As the Resident Agreement covers your rights and responsibilities, it is in your best interest to finalise the Resident Agreement as soon as you can.
Accommodation Agreement
You have 28 days from the date you move in - to decide how you want to pay your accommodation costs and sign the Accommodation Agreement.
If you have any questions you should ask the aged care home (nursing home). It is up to them to make sure you and your family or other representatives have every chance to properly understand this legally binding agreement. You can also ask family, friends or a legal practitioner to help you understand the agreement.
If you are contributing to your accommodation costs, you have 28 days from the date you move in to decide how you want to pay your accommodation costs and sign the Accommodation Agreement.
Before you sign, remember:
If there are any parts of the agreements that you don’t understand you should tell the aged care home and get help.
- Translation services: If English is not your first language, you can have someone with you who can help with translating. If you don’t know anyone who can help you this way, you can contact the Australian government’s National Translating and Interpreting Service (TIS) on 131 450. TIS covers more than 100 languages and is available 24 hours a day, seven days a week, for the cost of a local call.
- Alternative signature: If you aren’t able to sign the agreement yourself, your nominated legal representative, such as your Power of Attorney, can sign the agreement on your behalf - as long as they can show they have full understanding of the document.
Before you sign, remember, if there are any parts of the agreements that you don't understand you should tell the aged care home and get help.
8.5 What are my rights and responsibilities in an aged care home?
Rights and Responsibilities in an aged care home
All residents in Aged Care Homes (nursing homes) have the same rights and responsibilities, protected in legislation by the Australian Government. All government funded homes must comply with these rules.
A copy of the Statement of Rights should be included with the Resident Agreement and your provider should make sure you understand them before you move in.
The Statement of Rights should also be displayed in the aged care home (nursing home).
The Statement of Rights and Responsibilities states that all residents have the following rights:
- Make their decisions about their own life
- Have their decisions not just accepted, but respected
- Get information and support to help them make decisions
- Communicate their wishes, needs and preferences
- Feel safe and respected
- Have their culture and identity respected
- To stay connected with their community.
Your aged care home (nursing home) has the following responsibilities and must:
- Comply with the strengthened Aged Care Quality Standards
- Help people using aged care understand their rights about the services they receive
- Help people using aged care understand their rights under the Statement of Rights
- Make sure people using aged care or their representatives are given a reasonable opportunity to sign the Statement of Rights
- Sign and give the person receiving care a copy of the Statement (representatives can also receive a copy)
- Keep a record of the Statement of RIghts given to the person receiving care.
8.6 How do I make a complaint to an aged care home?
Lodging complaints
If you are not happy with an aspect of your care or other services you receive in the aged care home (nursing home), you have the right to express your concerns or make a complaint.
The system to make a complaint has been designed to be safe and easy. You should also know that you can't be punished by the aged care home for making a complaint.
There are two ways to make a complaint:
1. Raise the complaint directly with the aged care home
This is usually the best initial course of action. Aged care homes are expected to include details of their complaint procedures as part of the Resident Agreement so you should know how to raise a concern and with whom. The management staff of the home will always want to hear your concerns first and have the opportunity to work with you to fix the problem or find a solution as quickly and effectively as possible.
2. Make a complaint to the Aged Care Quality and Safety Commission.
The Aged Care Quality and Safety Commission's role is to protect the safety, well-being and quality of life of people in aged care.
If you want to make a complaint about the quality of care or services being delivered in aged care, contact the Aged Care Quality and Safety Commission on 1800 951 822 or visit agedcarequality.gov.au.
Annie Donaldson
agedcare101 Registered Nurse and Carer
2 weeks
Time estimate to complete all of the tasks within this step, including all sub-steps.
