55Resident agreement not entered into before transition time—residential care other than care as respite care

55 Resident agreement not entered into before transition time—residential care other than 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 (iii) the provider was providing residential care (other than 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)(i) 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) The registered provider must, in accordance with subsection (3) of this section, enter into a service agreement with the individual. (3) The service agreement must: (a) be entered into as soon as practicable, and no later than the end of the period of 12 months beginning at the transition time; and (b) be as consistent as far as possible with any agreement or arrangement in effect between the provider and the individual immediately before the transition time. (4) 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).