54Resident agreement not entered into before transition time—residential care as respite care

54 Resident agreement not entered into before transition time—residential care as respite care

(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 the terms of that approval expressly covered the provision of respite care; and (iii) the provider was providing residential care as respite care to the individual through a residential care service under the old Act; and (iv) a resident agreement (as mentioned in paragraph 56‑1(h) of the old Act) was not in effect between the provider and the individual; and (v) the provider had given information under subparagraph 11(1)(a)(iii) of the User Rights Principles to 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, subparagraph 3(1)(c)(ii) or (iii) 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) Despite subsection 148‑65(1) of the new rules, the registered provider is not required to enter into a service agreement with the individual in relation to the delivery of the funded aged care services referred to in paragraph (1)(d) of this section. (3) The registered provider must, as soon as practicable after the transition time, provide and explain to the individual the following: (a) information about the Statement of Rights (see section 155‑15 of the new rules); (b) general information for individuals accessing any funded aged care services (see section 155‑55 of the new rules); (c) general information for individuals accessing funded aged care services in an approved residential care home (see section 155‑65 of the new rules).