Home Care Agreement – Understanding Definitions

 

Meanings apply to capitalised terms used in the Home Care Agreement as specified in clause 6.3 and any expression used that is defined in the GST Act has that defined meaning, unless the context otherwise requires:

Accommodation Agreement means the retirement village agreement between Group Homes Accommodation Pty Ltd and you or your personal representative or guardian;

Act means the Aged Care Act 1997 (Cth) and (if applicable) the Aged Care Act (Transitional Provisions) Act 1997 (Cth);

Additional Provisions means any additional provisions specified in the Agreement Details;

Administration Fee means the fee we will deduct from your Package Funds to cover administration costs as set out in the Agreement Details or as otherwise agreed in writing including in your Budget;

Aged Care Act means the Aged Care Act 1997 (Cth) and (if applicable) the Aged Care Act (Transitional Provisions) Act 1997 (Cth);

Agreement means this agreement for the provision of home care and includes the cover page(s), the Agreement Details and the Parts;

Agreement Details means the details in the tables at the start of this Agreement;

Approved Provider means the approved provider specified in the Agreement Details or any notified any assignee and ‘we’, ‘us’ and ‘our’ have a corresponding meaning;

Basic Daily Care Fee means the amount determined by the Minister or, if no amount is specified – the amount obtained by rounding down to the nearest cent the amount equal to 17.5% of the basic age pension, calculated on a daily basis;

Budget means an individualised budget developed in partnership with you which details your Daily Home Care Fee, the government subsidies we receive, any Additional Contributions you choose to make and the applicable Service Charges and other agreed deductions;

Care Recipient means the recipient of the Home Care Package, as specified in the Agreement Details and ‘you’ and ‘yours’ have a corresponding meaning;

Care Recipient Representative means the person nominated to oversee your Home Care Package as nominated in the Agreement Details or as otherwise advised to you;

Care Worker means the person employed to deliver care to the Care Recipient;

Case Management Fee means the fee we will deduct from your Package Funds to cover core advisory and case management services as set out in the Agreement Details or as otherwise agreed in writing including in your Budget;

Charter of Rights and Responsibilities for Home Care means the Charter within the User Rights Principles 2014 under the Aged Care Act;

Commencement Date means the date on which the Home Care Package begins;

Compensation Payment Fee means a fee you may be required to pay to us under the Aged Care Act if you receive a compensation payment, being the amount notified by the Department, as varied from time to time;

Consumer Directed Care means a model of service delivery designed to give more choice and flexibility to care recipients;

CPI means the Consumer Price Index (All Groups, in the State or Territory in which the services are provided), as published by the Australian Bureau of Statistics or its successor, and includes any index published in substitution for the Consumer Price Index;

Department means the Department of Human Services, Department of Veterans’ Affairs or Department of Health (as the context permits);

Exit Amount means the fee set out in the Agreement Details that we may deduct from your Package (subject to you having sufficient Package Funds) if this Agreement is terminated at any time after 26 February 2017;

Fees and Charges means the amount you are expected to contribute to the cost of your care and services;

Financial Hardship Supplement means a supplement we may receive from the Department if you have been approved for hardship under the Aged Care Act;

Flourishing Document means your Flourishing Document which constitutes your care plan, setting out the care and services you will receive that we develop in consultation with you and thereafter as updated from time to time;

GST means the goods and services tax levied under the GST Act or any other goods and services tax, value added tax, consumption tax or tax of similar effect levied from time to time;

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Home means the address specified in the Agreement Details where we will provide you with services (unless otherwise agreed);

Home Care Fee means the contribution you are required to pay towards your Home Care Package under the Aged Care Act;

Home Care Package means the package of services we have agreed to provide;

Income Tested Care Fee means a fee you may be required to pay to us under the Aged Care Act depending on your income, being the amount notified by the Department, as varied from time to time;

Law means all relevant state, territory and Commonwealth laws and regulations and where the context requires, includes all Australian Government policies applicable to the delivery of the Home Care Package;

Package Funds means the total funds available for your Home Care Package and is comprised of your Daily Home Care Fee, government subsidies and any Top-Up Contributions you agree to make;

Part means a section of this Agreement with the heading Part;

Personal Information means personal, sensitive or health information of or about an individual within the meaning of the Privacy Laws;

Privacy means, to the extent applicable, the Privacy Act 1988 (Cth) and equivalent State/Territory Laws concerning the handling of personal, health or sensitive information and their respective Australian Privacy Principles, Information Privacy Principles and Health Privacy Principles, and includes any relevant direction, guideline, determination or recommendation made by a privacy commissioner, health services commissioner or any equivalent body or agency;

Residential Respite means short-term care in a Commonwealth funded aged care home;

Service Charges means the fees for the services forming part of your Home Care Package which are charged by us, our preferred suppliers or any other suppliers, details of which are set out in the Agreement Details and your Budget;

Service Schedule means the agreed schedule for the delivery of the care and services under your Flourishing Document as updated from time to time;

Specified Care and Services means the list of services in the Quality of Care Principles 2014 made under section 96-1 of the Aged Care Act;

Support Agreement means the agreement between you and us for the provision of support services on a fee-for-service basis, as varied from time to time; and

Support Plan means the document that outlines your care needs, the types of services you will receive to meet those needs, who will provide the services and when;

Top-up Contributions means the amounts (if any) you choose to pay towards your Home Care Package in addition to the Daily Home Care Fee to receive additional services.

Transition Care means a Commonwealth funded package of services after completing any necessary acute and sub-acute care in a hospital.