65Resident agreement and home care agreement not entered into before transition time

65 Resident agreement and home care agreement not 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, the registered provider was an approved provider in respect of flexible care under the old Act; and (b) immediately before the transition time, the provider was providing: (i) flexible care provided in a community setting through a multi‑purpose service to the individual; or (ii) flexible care provided in a residential setting through a multi‑purpose service to the individual; and (c) immediately before the transition time: (i) 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 (ii) a home care agreement (as mentioned in paragraph 56‑2(g) of the old Act) was not in effect between the provider and the individual; and (d) 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 (e) at the transition time, either paragraph 2(1)(f) of that Schedule or subparagraph 3(1)(c)(iii) of that Schedule applies to the individual; and (f) as at the transition time, the provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider under the old Act as at immediately before the transition time. (2) The 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 6 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 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).