Aged Care (Consequential and Transitional Provisions) Rules 2025
66Old law care and services plan or care plan in existence before transition time
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66 Old law care and services plan or care plan in existence 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, either: (i) a care and services plan (the old law care and services plan) was in existence between the provider and the individual in accordance with the Quality of Care Principles; or (ii) a care plan was in existence between the provider and the individual in accordance with the User Rights Principles; 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 old law care and services plan or the care plan, as applicable, is taken to be a care and services plan, developed by the provider for the individual at the transition time. (3) The provider is required to review the care and services plan as soon as practicable and no later than the end of the period of 12 months beginning at the transition time.