Legislated rights and responsibilities of providers and consumers
The legal framework for the Home Care Packages Program is provided by the Aged Care Act 1997 and the associated Principles (outlined below), as well as determinations made under the Acts – for example, setting relevant subsidy and supplement levels.
- Accountability Principles 2014
- Allocation Principles 2014
- Fees and Payments Principles 2014
- Quality of Care Principles 2014
- User Rights Principles 2014
- Approval of Care Recipients Principles 2014
- Certification Principles 1997
- Records Principles 2014
- Sanctions Principles 2014
- Subsidy Principles 2014
- Aged Care (Transitional Provisions) Act 1997 and Aged Care (Transitional Provisions) Principles 2014 deal with the treatment of fees for consumers who entered into a home care package on or before 30 June 2014.
- Home Care Common Standards sets out the quality standards that a home care provider is expected to meet.
Legislation amendment – Increasing Consumer Choice
The Aged Care Legislation Amendment (Increasing Consumer Choice) Act 2016 (the Amendment Act) gave effect to the first stage of the Increasing Choice in Home Care reforms.
Amendments to the Aged Care Principles and Determinations were registered on 23 September 2016. The four Legislative Instruments and Explanatory Statements which explain the changes can be viewed:
- Aged Care Legislation Amendment (Increasing Consumer Choice) Principles 2016 (Amendment Principles);
- Prioritised Home Care Recipients Principles 2016;
- Aged Care (Subsidy, Fees and Payments) Amendment (Increasing Consumer Choice) Determination 2016; and
- Aged Care (Transitional Provisions) (Subsidy and Other Measures) Amendment (Increasing Consumer Choice) Determination 2016.
Most of the legislative amendments start on 27 February 2017. However, there are some transitional provisions in the Amendment Principles that started on 24 September 2016. These relate to requirements that a provider must satisfy if it intends to include an exit fee in a consumer’s agreement in the lead up to the 27 February 2017 reforms.
The Charter of Care Recipients’ Rights and Responsibilities – Home Care
The Australian Government has an expectation that delivery of home care package services is achieved through an equal partnership between the service provider and the consumer.
Approved providers are required to provide a copy of the Charter to their consumers and outline the consumer’s rights and responsibilities for the care and services they receive.
Please note the charter was updated on the 27 February 2017
Approved providers should direct questions about the Home Care Packages Program to the My Aged Care providers contact centre on 1800 836 799.
Consumers should go to the My Aged Care website or call the My Aged Care national contact centre on 1800 200 422 for assistance.