Definitions and General Provisions

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

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

(2) Aged Care Act means the Aged Care Act 1997 (Cth) and (if applicable) the Aged Care Act (Transitional Provisions) Act 1997 (Cth) and includes all regulations, principles and standards under that Act;

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

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

(5) Alternate Charge Acknowledgement means any agreement or acknowledgement between us and you concerning the Alternate Charges to apply in connection with this Agreement;

(6) Alternate Charges means the fees and charges for the Services negotiated and agreed instead of Standard Charges for the applicable Services, as set out in Part I, an Alternate Charge Acknowledgement, your Budget or any other notification or acknowledgement regarding the fees and charges payable for Services, subject to any Variation;

(7) Alternate Pricing Schedule means the particulars of the Alternate Charges, being as at the date of this Agreement as set out in Part I;

(8) 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;

(9) Australian Consumer Law means the law set out in in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

(10) Basic Daily Care Fee means the amount determined by the Minister under the Aged Care Act 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;

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

(12) Cancellation Fee means the amount you must pay if you change or cancel a Service without providing us with Prior Notice, being the cancellation fee last notified to you before the change or cancellation of Services;

(13) Care Management means the coordination of Services to ensure your care and support needs are met on an ongoing basis, as prescribed in the Aged Care Act;

(14) Care Management Fee means the amount you must pay us for Care Management, as set out in this Agreement, subject to any Variation;

(15) Care Plan means your care plan setting out the Services you will receive that we develop in consultation with you as set out in Part G and thereafter as updated from time to time;

(16) Care Manager means the person nominated to oversee your Home Care Package as nominated in the Agreement Details or as otherwise advised to you;

(17) Charter means the Charter under the Aged Care Act, a copy of which is set out at Part A;

(18) 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:

(19) Consumer means the recipient of the Home Care Package, as specified in the Agreement Details and ‘you’ and `yours’ have a corresponding meaning;

(20) Consumer Guarantees means the guarantees set out in Division 1 of Part 3.2 of the Australian Consumer Law;

(21) Contingency Amount means an amount we will deduct from your Package Funds to provide funding for you in the event of an emergency, unplanned event or increased care needs in the future the amount of which is set out in the Agreement Details or as otherwise agreed in writing including in your Budget;

(22) Contribution means the contribution you are required to pay towards your Home Care Package known as Daily Home Care Fees under the Aged Care Act, which, as at the date of this Agreement, is calculated as follows:

(a) take the Basic Daily Care Fee (this amount is determined by the Department and as at the date of this Agreement, is equivalent to 17.5% of the basic age pension);

(b) add the Compensation Payment Fee (if any) for you for the day in question (this is an amount you may have to pay if you are receiving a compensation payment);

(c) add the Income Tested Care Fee (if any) for you for the day in question (this is an amount you have to pay if you are receiving income above the basic pension); and

(d) subtract the amount of any Hardship Supplement applicable to you for the day in question. This amount may vary from time to time in accordance with clause C4;

(23) 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;

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

(25) Exit Amount means the amount 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:

(26) 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;

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

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

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

(30) Home Care Package means the package of Services we have agreed to provide;

(31) 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;

(32) Laws 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;

(33) MPIR means the maximum permitted interest rate under the Aged Care Act at the applicable time;

(34) Package Funds means the total funds available for your Home Care Package and is comprised of your Contribution, government subsidies and any Top-up Contributions you agree to make;

(35) Package Management means the management of your Home Care Package and the quality of Services as prescribed in the Aged Care Act, but excludes Care Management;

(36) Package Management Fee means the amount you must pay us for Package Management, as set out in this Agreement, subject to any Variation;

(37) Part means a section of this Agreement with the heading ‘Parr;

(38) Payment Cycle means the manner or intervals when fees and charges are payable to us, as set out in the Agreement Details or, if no cycle is specified, monthly, in advance, or in the case of an amount which is not payable at regular intervals, on demand and on this Agreement ending, means the date this Agreement ends;

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

(40) Pricing Schedule means, as the context permits, the Standard Pricing Schedule and/or the Alternate Pricing Schedule;

(41) Prior Notice means at least 24 hours’ prior notice, or any other period of notice specified by us from time to time for a Service;

(42) Privacy Laws 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;

(43) Services means those products and services we provide to you under your Home Care Package or if the context permits, any services we agree to provide outside of your Home Care Package;

(44) Service Charges means the fees for the Services which are charged by us, our preferred suppliers or any other suppliers, including the Standard Charges, the Alternate Charges and any other charges set out in the Agreement Details, your Budget or any other notification or acknowledgement regarding the fees and charges payable for Services, as increased from time to time in accordance with this Agreement, but excluding the Care Management Fee and the Package Management Fee;

(45) Service Schedule means the agreed schedule for the delivery of the Services under your Care Plan, or if the context permits, any schedule we provide for the delivery of services we agree to provide outside of your Home Care Package, as updated from time to time;

(46) 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 which as at the date of this Agreement are set out in Part F;

(47) Standard Charges means the standard fees and charges for Services set out in the Standard Pricing Schedule, subject to any Variation, but excludes the Care Management Fee and the Package Management Fee;

(48) Standard Pricing Schedule means the particulars of the Standard Charges, being as at the date of this Agreement as set out in Part H;

(49) Top-up Contributions means the amounts (if any) you choose to pay towards your Home Care Package in addition to your government-assessed Contribution to receive Services that you are not otherwise funded for; and

(50) Variation means any change made pursuant to or in accordance with the Agreement and any other variation agreed by us and you or which you are taken to have agreed to.