53Resident agreement entered into before transition time

53 Resident agreement entered into before transition time

(1) This section applies in relation to a registered provider and an individual if: (a) immediately before the transition time: (i) the registered provider was an approved provider in respect of residential care under the old Act; and (ii) the individual was approved under section 22‑1 of the old Act as a recipient of residential care; and (iii) the provider was providing residential care to the individual through a residential care service under the old Act; and (iv) a resident agreement that was entered into in accordance with paragraph 56‑1(h) of the old Act, and that met the requirements of section 59‑1 of the old Act, was in effect between the provider and the individual; and (b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and (c) at the transition time, paragraph 3(1)(c) of that Schedule applies to the individual; and (d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the registered provider under the old Act as at immediately before the transition time. (2) The resident agreement is taken to be a service agreement, entered into between the individual and the provider at the transition time. (3) The registered provider must, in accordance with subsection (4) of this section, review and vary the service agreement to meet the requirements for service agreements prescribed by rules made for the purposes of paragraph 148(c) of the new Act. (4) The review and variation of the service agreement must: (a) occur as soon as practicable, and no later than the end of the period of 12 months beginning at the transition time; and (b) be undertaken as if the service agreement included a clause consistent with the requirements of subsection 148‑65(5) of the new rules (which deals with variations of service agreements).