Entering into a service agreement
This is your Service Agreement for the Commonwealth Home Support Program (CHSP) Services you will receive from us.
We will give you a copy of this Service Agreement before your Start Day, so you have time to consider the Service Agreement and an opportunity to seek independent legal, financial or other advice. We will also give you general information about Prices and Contributions to support you to make informed decisions about this Service Agreement and your Services.
We will ask you to sign this Service Agreement on or before your Start Day. If you are unable to sign this Service Agreement, it may be signed by your Legal Authorised Representative. If you accept services from us after receiving a copy of the Service Agreement, this Service Agreement will be in effect from your Start Day, even if you have not signed the Service Agreement.
Navigating this Service Agreement
This Service Agreement contains a number of different sections:
- The Key Terms table at the beginning of this Service Agreement, which is where you will find information that is specific to you.
- The standard terms, which are divided into a number of parts.
- The signing page, where you and we sign this Service Agreement.
- The Schedules at the back of this Service Agreement. If you see a reference number (such as Schedule 1, 2, 3 etc.), you can find out more by reading the Schedule marked with that number at the back of this Service Agreement.
- There is a dictionary of terms in Schedule 2, for any capitalised words and terms used in this Service Agreement.
If you speak a language other than English, you have a vision or hearing impairment, or you require any special assistance in accessing this Service Agreement, please let us know and we will assist you with arranging an interpreter or other supports to access the Service Agreement.
Cooling off period
If you notify us (verbally or in writing) that you wish to withdraw from this Service Agreement within 14 days after the date of entry into this Service Agreement and before the Start Day, this Service Agreement has no effect and we must refund any amount you have paid under this Service Agreement.
Review of this Service Agreement
We will review this Service Agreement at least once every 12 months and upon your request.
As part of any review of this Service Agreement, we will give you an opportunity to participate in the review, consider whether any updates need to be made to the Service Agreement and, if necessary, vary the Service Agreement in accordance with clause 25.1.
Key Terms
Part one – rights and responsibilities
1 Your rights and responsibilities
1.1 You will receive Services from us under the terms of this Service Agreement until this Service Agreement ends under clause 17.
1.2 You, your Legal Authorised Representative, any Supporter(s) or other persons involved in your care as notified to us can be involved in decisions relating to your Funded Aged Care Services.
1.3 We will give to you, within 7 days of a request by you, the following information and documents:
(a) a clear and simple presentation of our financial position; and
(b) a copy of the most recent statement of the audited accounts of the Service Delivery Branch or, if the Service Delivery Branch is operated as part of our broader organisation, the most recent statement of the audited accounts of our aged care service component (that includes the Service Delivery Branch).
1.4 You must comply with the terms of this Service Agreement. This includes that you agree to pay any applicable Fees which includes any Member Contributions detailed in this Service Agreement. In addition to any other responsibilities you have under this Services Agreement, you will:
(a) respect the rights and freedoms of other individuals, including our Aged Care Workers and other individuals accessing Funded Aged Care Services;
(b) treat our Aged Care Workers with respect and without exploitation, abuse, discrimination or harassment, including sexual harassment;
(c) ensure anyone who is present when your Services are provided, or otherwise involved in your Services, provides the same respect and treats us and our Aged Care Workers in the same way as we ask you to as set out in this Service Agreement;
(d) let us know prior to any audio or visual surveillance being used in or around your home or any other place where you receive Services from us;
(e) give us enough current, correct and relevant information to enable us to partner with you to develop, deliver and review your Help Plan;
(f) give us enough current, correct and relevant information to enable us to claim funding for the Services delivered or proposed to be delivered, including any prescriptions or assessments required under government guidelines;
(g) allow safe and reasonable access for Aged Care Workers at the times specified in your Help Plan or schedule, or otherwise by agreement;
(h) talk to us if you have any questions, concerns or problems;
(i) pay your Member Contributions and Fees in full, and on time;
(j) accept responsibility for your own actions, including where you have made a decision which may expose you to risk;
(k) let us know when your needs change so that we can discuss this with you and make changes to your Services, as appropriate;
(l) tell us straight away if you want to suspend your Services for any length of time or if you are no longer approved for CHSP funding;
(m) let us know if you are changing providers and if so, the date you plan to end the Services with us.
2 Supporters and Legal Authorised Representatives
2.1 If you have a Supporter, this person can support you to make decisions. However, being a Supporter does not give the Supporter rights to make decisions on your behalf.
2.2 Only a Legal Authorised Representative can make decisions on your behalf. A Legal Authorised Representative will only be able to make decisions to the extent they are authorised under the instrument or order giving them those powers.
2.3 If you have a Legal Authorised Representative, we will ask you for the person's details, a copy of the document evidencing their authority to make decisions on your behalf, and, where necessary, evidence from a health practitioner that the document has been enacted.
2.4 You can nominate a Legal Authorised Representative to make decisions about your Services. You can withdraw, limit or change your consent for this nominated Legal Authorised Representative at any time.
2.5 We may also ask your Supporter and/or your Legal Authorised Representative for reasonable evidence to confirm their identity and contact details, such as 100 points of identification.
2.6 If there are any changes to your decision making or Supporter arrangements, you need to let us know otherwise we will continue to rely on any information you have previously given us.
3 Restrictions in relation to dealing with Helpers
3.1 You must not (without our prior written consent) do any of the following for the No Dealing Period:
(a) solicit, canvass, entice away or accept any approach from any Helper who has provided Services to you or had any dealings with you in the last 6 months;
(b) employ or solicit any Services (except through us) of any Helper who has provided Services to you or had any dealing with you in last 6 months; or
(c) encourage or otherwise assist any person or entity to do any acts referred to in this subclause.
3.2 You acknowledge and agree that these restrictions are reasonably necessary to help us protect our legitimate business interests and that the No Dealing Period is reasonable.
4 Our rights and responsibilities
4.1 We will provide the Services under the terms of this Service Agreement and in accordance with our obligations as a Registered Provider.
4.1 We will facilitate your access to our App to access information, Services, visits and communication across the Five Good Friends community.
4.2 We will take reasonable steps to prevent damage being caused to your property by us, or our Aged Care Workers, in delivering Funded Aged Care Services to you.
4.3 If any Associated Providers are involved in the delivery of Funded Aged Care Services to you under this Service Agreement, we will remain responsible for ensuring the Services are delivered in accordance with the Aged Care Act.
4.4 If we use the equipment in delivering the Funded Aged Care Services to you or the delivery of the service involves the sourcing, supply and provision of equipment to you, we will take all reasonable and proportionate steps to ensure that the equipment is safe and meets your needs at the time the service is delivered to you.
5 Statement of Rights
5.1 The Statement of Rights (set out in Schedule 3) outlines the rights of individuals accessing Funded Aged Care Services.
5.2 As a Registered Provider, we must take all reasonable and proportionate steps to act compatibly with the Statement of Rights in the delivery of Funded Aged Care Services, taking into account that limits on rights may be necessary to balance the following:
(a) competing or conflicting rights;
(b) the rights and freedoms of other individuals, including our Aged Care Workers and other individuals accessing Funded Aged Care Services;
(c) compliance with other laws of the Commonwealth, or of a State or Territory, including the Work Health and Safety Act 2011 (Cth).
6 Complaints and feedback
6.1 We encourage Members, Legal Authorised Representatives, Supporters, Aged Care Workers and any other relevant individuals to give us feedback. You are entitled to make complaints about your Services without fear of reprisal. We will handle any complaints fairly and promptly according to our Feedback, Complaints and Whistleblowing Policy.
6.2 You have a right to be supported by an advocate or other person of your choice, including when exercising or seeking to understand your rights.
6.3 You can make a complaint or give feedback to us directly:
(a) By phone: 1300 787 581
(b) Online: https://www.fivegoodfriends.com.au/complaints-and-feedback
(c) In writing by addressing your letter to:
Five Good Friends
Level 8, 154 Melbourne Street
South Brisbane, QLD 4101
6.4 If you need an interpreter, you can phone the Translating and Interpreting Service on 131 450 and ask them to put you through to Five Good Friends on 1300 787 581. If you are hearing or speech impaired, you can contact the National Relay Service on 133 677, then ask for 1300 787 581.
6.5 Making a complaint to the Aged Care Complaints Commissioner
The Aged Care Complaints Commissioner receives complaints about aged care services under the Act. Complaints can be made:
(a) Online: https://www.agedcarequality.gov.au/contact-us/complaints-concerns/what-do-if-you-have-complaint
(b) By phone on 1800 951 822.
If you need an interpreter, you can phone the Translating and Interpretation Service on 131 450 and ask them to put you through to the Aged Care Quality and Safety Commission on 1800 951 822.
(c) For hearing or speech impaired TTY users phone 1800 555 677 then ask for 1800 951 822.
(d) For speak and listen users phone 1800 555 727 then ask for 1800 951 822.
(e) For internet relay users connect to the National Relay Service at https://internet-relay.nrscall.gov.au/ and enter 1800 951 822.
(f) In writing to:
Aged Care Complaints Commissioner
GPO Box 9819
Your Capital City Code of Conduct for Aged Care Services
7 Aged Care Advocacy
If you need someone to support you or speak up for you, you can get help from the Older Persons Advocacy Network. Each state operates an information and advice line available between 6am-10pm 7 days a week. Free call: 1800 700 600. You can also fill out a General Enquiry Form on the OPAN website: https://opan.org.au/contact-us/.
8 Incidents
Five Good Friends has a documented incident management system. Any incidents that happen in connection with your Services are taken seriously and all applicable laws and rules are applied in the management of incidents. Our Incident Management Policy is available on our website or you can contact us if you would like a copy of our policy.
9 Code of Conduct for Aged Care Services
The Code of Conduct describes how aged care providers, their governing persons (e.g. board members) and Aged Care Workers must behave and treat people receiving Funded Aged Care Services. The Code of Conduct is in Schedule 4.
10 Aged Care Quality Standards
As a Registered Provider, we must conform with the Aged Care Quality Standards, if they relate to the Funded Aged Care Services we provide. You can find out more about the Aged Care Quality Standards by visiting the Aged Care Quality and Safety Commission's website: https://www.agedcarequality.gov.au/older-people.
Part two – receiving Services
Services under the CHSP are delivered with a wellness and reablement focus. This means we work alongside Members to maintain independence, build confidence, and support them to continue living well at home.
Access Approval
10.1 Once you are approved for CHSP, you will receive a notice of decision setting out your Access Approval. Your Access Approval sets out your eligibility for CHSP, including your approved Service Groups, your Classification Type for each Service Group, any approved Service Type(s) and any conditions relating to your approval.
10.2 A copy of your Access Approval is attached to this Agreement as Schedule 5.
10.3 If your Access Approval is revoked, you must let us know immediately and we will consider that you no longer need CHSP Services and may terminate this Service Agreement under clause 15.4(a)(ii)(A).
10.4 There are only limited circumstances under the Aged Care Act and Aged Care Rules where a person can access CHSP Services prior to obtaining an Access Approval. We will comply with the requirements of the Aged Care Act and Rules in this regard.
11 Available Services
11.1 The List of available Services in Schedule 1 details each Service that is specified in the Aged Care Service List relevant to the delivery of CHSP Services. The information in the List of available Services in Schedule 1 is general in nature. The Services you have selected to be delivered to you in Schedule 1 will be based on your assessed needs and your Access Approval (including any approved Service Type(s). Details of the Services that will be delivered to you will be set out in your Help Plan, including a description of the Services.
11.2 If you request a Service from us that is not set out in your Help Plan, or which exceeds your available funding, if we agree to provide the Service you will need to pay for it as an Additional Service.
11.3 There are certain circumstances in which we may decline your request for a Service, including where:
(a) the Service is not included in the Service List or it is an excluded service, and either we do not offer it as an Additional Service or you do not wish to purchase the Service as an Additional Service;
(b) the Service is not in accordance with your assessed needs or your Access Approval;
(c) we have not been able to obtain sufficient evidence to support the suitability of the Service for you, for example a relevant health practitioner assessment; or
(d) the Service would place the health, safety or wellbeing of you or another person at risk or would result in us not being able to comply with our responsibilities under any law.
12 Additional Services
12.1 From time to time you may request and we may agree to provide Additional Services.
12.2 If you request Additional Services, we will agree with you the scope of the Additional Services including the duration of the Additional Services and the Additional Services Fee.
12.3 Details of the Additional Services, including the Additional Services Fee, will be included in your Help Plan.
13 Your Help Plan
13.1 We will engage with you (and your Legal Authorised Representative, Supporters and other relevant people you tell us are involved in your care) to develop a Help Plan on or before your Start Day, unless an exception under the Aged Care Act applies. Your Help Plan will include details of your care needs, goals and preferences and the Services you will receive. It will also include strategies for risk management and preventative care.
13.2 We will give you a copy of your Help Plan once it is developed, any time it is updated and upon your request. The Help Plan will be provided in the App, which all Members, Legal Authorised Representatives, and Supporters are able to access via a smart device or via the internet.
13.3 We will support you to undertake a review of your Help Plan at least once every 12 months or if your care needs change, or if you request it.
13.4 If you wish to access services not currently covered in your Help Plan or this Agreement, please contact us.
14 Change of Services, Late Cancellations and No Shows
14.1 We ask that you provide reasonable notice, at least 48 hours’ notice, for a change or cancellation of any scheduled Service.
14.2 We will try to tell you at least one day before a Service needs to be changed or cancelled. This may not always be possible, for example, if there is an emergency or something happens that we are not able to control.
14.3 If the Helper cancels the scheduled Service with less than 24 hours' notice, we will take reasonable measures to reschedule the Service if you agree or to source an alternative Helper. You agree that if an alternative Helper cannot be sourced despite reasonable endeavours, we will reschedule the Service as soon as possible.
14.4 If we have committed to deliver any Services under this Agreement and we are prevented, at no fault of our own, from delivering the Service, due to a Late Cancellation or No Show, we may charge the full Member Contribution or Fee, subject to the terms of our Cancellation Policy.
14.5 If you feel that you have reasonable grounds for a Late Cancellation or No Show, you can give us evidence in writing to substantiate your claim and we will consider this on a case by case basis. If we agree there were reasonable grounds for a Late Cancellation or No Show, we may waive or refund a Member Contribution or Fee, at our discretion.
15 Temporarily stopping Services
15.1 You may wish to temporarily stop receiving the Services, for example if you are in hospital or accessing residential respite care.
15.2 If you wish to temporarily stop receiving the Services, we ask that you give us 48 hours' notice, where possible.
16 Termination of Agreement
16.1 When will this Service Agreement end?
This Service Agreement will end on the Exit Date being the last of the End Dates of Services set out in Schedule 1 or as otherwise determined by this clause.
16.2 Automatic cessation of Services if you exit the CHSP
If you permanently exit the CHSP Program:
(a) to move into ongoing residential aged care, you must notify us in writing as soon as possible (and at least before the date you enter ongoing residential aged care), including the date you intend to enter ongoing residential aged care, which will be your Exit Date;
(b) due to your death, your Exit Date will be the date of your death.
16.3 If you want to permanently stop your Services with us
(a) You can end your Services with us at any time by giving us 14 days' notice in writing.
(b) If you notify us that you are ending your Services:
(i) the Exit Date for your Services will be the day your notice expires, which will be 14 days from the date of your notice, or you and we agree another Exit Date in writing;
(ii) you will need to let us know if you are moving to another provider and if so, give us the provider's details so that we can share information with them.
16.4 If we want to end your Funded Aged Care Services
(a) We may only cease the delivery of Funded Aged Care Services to you in the following circumstances:
(i) you cannot be cared for in the home or community with the resources available to us;
(ii) your condition has changed to the extent that:
(A) you no longer need the Funded Aged Care Services delivered by us or;
(B) your needs, as assessed by an approved needs assessor, can be more appropriately met by other types of Funded Aged Care Services;
(iii) you have:
(A) intentionally caused serious injury to an Aged Care Worker; or
(B) intentionally infringed the right of an Aged Care Worker to work in a safe environment;
(iv) you:
(A) have not paid, for a reason within your control, any Member Contribution or other Fee specified in this Service Agreement; and
(B) have not negotiated an alternative arrangement with us for payment of Member Contribution or Fee;
(v) you notify us in writing that you wish to move to a location where we do not deliver Funded Aged Care Services;
(vi) you notify us in writing that you no longer wish to receive Funded Aged Care Services from us.
(b) If we decide that we are ending your Funded Aged Care Services, we will give you at least 14 days' notice in writing and our notice to you will include:
(i) the decision;
(ii) the reasons for the decision;
(iii) the date we intend to cease delivery of Funded Aged Care Services to you (which will be your Exit Date);
(A) your rights in relation to the cessation of the delivery of Funded Aged Care Services, including your right to access our complaints and feedback management system;
(B) any other mechanisms available to address complaints; and
(C) independent aged care advocates.
(iv) The Exit Date for your Services will be the day our notice expires, unless you and we agree on another Exit Date in writing.
(c) If our decision to cease the delivery of Funded Aged Care Services was based on your behaviour, we have given you a notice under clause 17.4(b) and after giving the notice, we have agreed with you that, because of a change in your behaviour, the delivery of Funded Aged Care Services will not cease, then we must give you a written notice stating that we no longer intend to cease delivery of Funded Aged Care Services to you.
(d) The Exit Date for your Services will be the day our notice expires, unless you and we agree another Exit Date in writing.
16.5 If we want to end your Additional Services
We may end your Additional Services at any time for any reason by giving you at least 14 days' notice in writing. The Exit Date for your Services will be the day our notice expires, unless you and we agree another Exit Date in writing.
16.6 What happens when this Agreement ends?
When this Service Agreement ends:
(a) we will issue a final invoice for any Member Contribution or other outstanding Fee to you;
(b) you will remain responsible for paying any Member Contributions or other Fees you owe us for Services you received from us up to and including the Exit Date;
(c) if you are moving to another provider:
(i) you need to let us know who the new provider is and the date you enter into a service agreement with them;
(ii) we will, within 28 days of the date you notify us that you have entered into a service agreement with another registered provider, provide a notification to your new provider with all of the information required under the Aged Care Rules;
(d) we will refund any Member Contributions paid in advance in accordance with the requirements of the Aged Care Act and Aged Care Rules.
Part three – financial terms
17 Member Contributions
17.1 Member Contribution
(a) As a registered provider delivering CHSP Services to you, we may charge a Member Contribution towards the delivery of your Services.
(b) Your Member Contributions are set out in Schedule 1.
(c) Member contributions are calculated in accordance with our Member Contribution Policy, which follows the principles in relation to calculating Member Contributions as set out in the Aged Care Act and the Aged Care Rules. We will never ask you to pay more than the amount permitted under the Aged Care Act or Aged Care Rules. Our Member Contribution Policy is available on our website.
(d) You agree to pay the Member Contribution applicable to the services and supports you receive, unless you are suffering financial hardship and we have approved alternative arrangements for you.
(e) You must provide us with any information we reasonably require to determine the Member Contribution you must pay (if any), including information concerning your socio-economic circumstances (for example, your income and assets).
(f) You should contact us if you would like your Member Contribution reviewed.
(g) You will not be asked to pay Member Contributions more than one month in advance.
17.2 Financial Hardship
(a) If you are experiencing financial hardship, please let us know and we will give you further information and guidance.
(b) Our Financial Hardship Policy is set out in our Member Contribution Policy and is available on our website and sets out how you can apply for a waiver or reduction of the Member Contribution.
17.3 Adjustment to Member Contributions
(a) The Member Contributions payable for the services and supports will be set and varied in accordance with the requirements of the CHSP and our Member Contribution Policy.
(b) Subject to the requirements of the CHSP, we may also:
(i) review and adjust the Member Contributions annually with effect from 1 July, to reflect the percentage change in CPI for the prior period 1 July to 30 June (if a positive amount); and
(ii) adjust the Member Contributions by an amount we reasonably determine to be necessary to recover any additional tax, duty, costs and/or expenses directly or indirectly payable or incurred by us in connection with this Services Agreement, with a change to take effect 28 days’ after written notice of the new Member Contribution is given to and accepted by you,
(c) Any adjusted Member Contribution will not exceed any maximum Individual Contribution amount permitted under the Aged Care Act or the Aged Care Rules.
18 Payment of Fees
In addition to any Member Contributions, you agree to pay any Fees, including the fees for any Additional Services you receive from us.
You must pay the Member Contributions and any Fees and Default Interest payable under this Service Agreement weekly by direct debit. We will provide a direct debit form for you to complete and sign. You must provide a duly executed direct debit form before you begin receiving the services and supports, unless otherwise authorised by us.
19 Interest on unpaid Member Contributions and Fees
If any Member Contribution or Fee payable by you under this Service Agreement is not paid on the due date, we may charge default interest on the outstanding amount at the Default Interest Rate, accruing daily and compounding monthly.
20 GST
If any supply made by us or on our behalf under this Service Agreement or any variation to it is a taxable supply for the purposes of the GST Act, then in addition to any amount of payable to us elsewhere in this Agreement, we will be entitled to recover from you an additional amount on account of GST, an amount of our GST liability in respect of each supply which will be recoverable at the same time as the amount payable for any supply.
Part four – general terms
21 Privacy
21.1 Under section 168 of the Aged Care Act, we must ensure the protection of Personal Information relating to you. You and we will comply with our privacy, confidentiality and Personal Information obligations, as set out in Schedule 6.
21.2 We ask that you or your Legal Authorised Representative sign Schedule 6 when you sign this Agreement.
21.3 While we respect your privacy and autonomy, there may be occasions where we or one of our Aged Care Workers consider it necessary to enter your home or any other place where Services are being delivered, or take other action with your safety and wellbeing in mind (such as contacting emergency services), without speaking with you first. You consent to us taking reasonable steps as necessary in an emergency or situation where we reasonably believe your safety or wellbeing is at significant risk.
22 Data Exchange
22.1 Collection of your My Aged Care ID
(a) The information we collect from you includes your personal information. Your personal information is protected by law, including by the Privacy Act 1998 (Cth).
(b) The Department provides grant funding to us under the CHSP.
(c) We must report on the delivery of CHSP services to the Department via the Data Exchange (DEX).
(d) This system is hosted by the Australian Government Department of Social Services (DSS).
(e) DSS, on behalf of the Department, collects information (including information about the Services you receive and an encrypted version of your ‘My Aged Care ID’) from us and stores this information as a de-identified record in DEX. This protected information is a mandatory requirement and is not used by DSS for any purpose.
22.2 Uses and disclosures of your My Aged Care ID in the Data Exchange
(a) DSS on behalf of the Department discloses a subset of this information (including an encrypted MAC ID) to the Department periodically in order to monitor provider compliance with funding grant conditions (the compliance purpose).
(b) The Department will decrypt your My Aged Care ID in order to re-identify you and verify information about CHSP services provided to you for compliance purposes. The Department cannot undertake compliance monitoring activities without this information.
22.3 How DSS uses and discloses personal information other than My Aged Care ID in the Data Exchange
(a) DSS, on behalf of the Department, uses your information in DEX to produce and share de-identified data and data visualisation reporting products to the Department and providers, for reporting and research purposes.
(b) DSS uses your information in the Data Exchange to produce information for policy development, grants program administration, and research and evaluation purposes. DSS also shares data with organisations and agencies for reporting and research purposes. DSS de-identifies all data before use or disclosure so that it cannot be used to re-identify you.
22.4 You can find more information about the way the DSS will manage your personal information in the DSS APP privacy policy, which the DSS has published on its website. This policy contains information about how you may access the personal information about you that is stored on the Data Exchange and seek correction of that information. This policy also includes information about how you may complain about a breach of the Australian Privacy Principles by the Department, and how the DSS will deal with your complaint.
23 Workplace health and safety
23.1 Your home or any other place where Services are delivered will be a workplace for our Aged Care Workers and subject to relevant workplace health and safety laws.
23.2 We may need to consult with you about conducting inspections of your home or any other place where Services are delivered to assess any risks.
23.3 You must take reasonable steps to identify and notify us of any risks associated with our Aged Care Workers delivering Services to you. You are responsible for taking reasonable steps to ensure that any risks are rectified and addressed at your own cost.
23.4 We may at any time suspend Services where there is a risk to health and safety of our Aged Care Workers or any other person. If we do so, we will consult with you about continuity of care while your Services are suspended.
24 General
24.1 Variation
This Services Agreement may be varied
(a) by us if the variation is necessary to implement the GST Act, we have given you reasonable notice in writing about the variation and the variation is not inconsistent with the GST Act or the Aged Care Act; or
(b) by mutual consent of the parties if there has been adequate consultation about the variation between us and you, we have obtained your consent to make the variation and the variation is not inconsistent with the GST Act or the Aged Care Act.
24.2 Assignment
(a) This Service Agreement is personal to you and cannot be assigned to any other person.
(b) We may assign our rights and obligations under this Service Agreement by giving you notice in writing.
24.3 Electronic signing and counterparts
(a) We each consent to the use of electronic signature, which identifies the person signing and indicates their intention to sign this Service Agreement.
(b) We can each sign a copy of this Service Agreement and together the two copies will form one agreement. Each part can be signed using an electronic signature, by electronic acceptance via an app or platform, or by delivering a scanned copy of the signed Agreement to the other party electronically.
24.4 Notices
Any notice required to be given in writing under this Service Agreement by us to you, may be given to you, your Legal Authorised Representative and/or your Supporter using the details in the Key Terms or any updated details we give each other in writing from time to time.
24.5 Costs
(a) We won't charge you any legal fees or administrative costs for preparing this Service Agreement.
(b) If you choose to engage a lawyer, financial advisor, advocate or any other service to assist you with this agreement, you will pay the costs of those services yourself. You must also pay for any administrative costs such as internet usage and postage.
24.6 Governing law and jurisdiction
(a) This Service Agreement is governed by and is to be interpreted in accordance with the laws applicable in the Australian State or Territory in which the Services are delivered.
(b) Each party accepts the non-exclusive jurisdiction of the courts of the Australian State or Territory in which the Services are delivered and any courts which have jurisdiction to hear appeals from any of those courts.
24.7 Severance
If any provision of this Service Agreement is found to be unenforceable, illegal or void, the remaining provisions of this Service Agreement will continue to be enforceable to the greatest extent permitted by law.
24.8 Interpretation
In this Service Agreement, unless the context otherwise suggests:
(a) a reference to a time in which something needs to happen is a reference to that time in the state, territory or other place where that obligation is to be performed;
(b) words and expressions defined in the Aged Care Act, if not already defined in this Service Agreement have the meanings given to them in the Aged Care Act.
Schedules
Schedule 1 - CHSP Services to be delivered
Schedule 2 - Definitions
Access Approval
means an approval made by the System Governor under section 65 of the Aged Care Act for an individual to access Funded Aged Care Services and any approved Service Groups, Classification Types and Service Types for the individual. Your Access Approval will be set out in your notice of decision from the System Governor.
Additional Service
means any services you request and we agree to provide that will be paid for you from your own funds.
Aged Care Act
means the Aged Care Act 2024 (Cth) and includes any amendments or replacements of this Act.
Aged Care Quality Standards
means the Aged Care Quality Standards made under Part 6 of the Aged Care Rules, as amended from time to time.
Aged Care Rules
means the Aged Care Rules 2025 (Cth) and includes any amendments or replacements of these rules.
Aged Care Worker
means:
1. an individual employed or otherwise engaged (including as a volunteer) by us to deliver Funded Aged Care Services; or
2. an individual who:
(a) is employed or otherwise engaged (including as a volunteer) by an Associated Provider of ours; and
(a) is engaging in conduct under the associated provider’s arrangement with us relating to our delivery of Funded Aged Care Services.
Aged Care Service List
means the list referred to in subsection 8(1) of the Aged Care Act, as amended from time to time.
App
means software applications available for use on your mobile device or other computer in relation to the Services you receive through Five Good Friends.
Associated Provider
means a third party engaged in the delivery of Funded Aged Care Services to you.
Australian Privacy Principles
means the Australian Privacy Principles made under the Privacy Act, as amended from time to time.
Cancellation Policy
means our cancellation policy which sets out our position in relation to Fees that may be payable for Late Cancellations and No Shows in accordance with the requirements of the Aged Care Act and Aged Care Rules which we will provide to you and is available on our website.
Classification Type
means the classification types prescribed under the Aged Care Act.
Help Plan
means the care and services plan we will develop in consultation with you as required by the provisions of the Aged Care Act and Aged Care Rules and which forms part of this Services Agreement.
Code of Conduct
means the Aged Care Code of Conduct made under section 14 of the Aged Care Act, a copy of which is included in Schedule 4.
Complaints Commissioner
means the person appointed from time to time as the Complaints Commissioner of the Aged Care Quality and Safety Commission constituted under section 356 of the Aged Care Act.
Default Interest Rate
means the Default Interest Rate set out in the Key Terms.
End Date of Service
means the date you cease receiving any one or more Service types from us, as set out in Schedule 1 or as agreed in writing between you and us.
Exit Date
means the termination date of this Agreement as determined under clause 17.
Fees
means any fees or charges payable under this Service Agreement or the Aged Care Act including the Member Contributions and the Fee for any Additional Services and any Default Interest.
Funded Aged Care Services
means a service included in the Aged Care Service List delivered to an individual who can access the service through a Service Group as referred to in subsection 9(2) of the Aged Care Act and for which funding is paid under the Aged Care Act.
Helper
means the person or persons authorised and verified by us to provide Services to you, and who may be an employee, independent contractor, or an employee of an independent contractor.
Government
means the Federal Government of Australia.
GST
means a tax, imposed or duty on goods, services or other things introduced by Commonwealth, State or Territory.
GST Act
means A New Tax System (Goods & Services Tax) Act 1999 (Cth) as amended.
Key Terms
means the Key Terms set out in the beginning of this Service Agreement.
Late Cancellation
means when you provide less than the required notice under our Cancellation Policy.
Legal Authorised Representative
means a person authorised under state or territory laws to make decisions, including legal and financial decisions, on behalf of the Member, for example an attorney appointed under an enduring power of attorney or a guardian or administrator (as relevant) appointed by a court or tribunal, whose authority has not been revoked.
Member
Means you, the individual named in the Key Terms, who is approved to and will receive Funded Aged Care Services from us under this Service Agreement.
Member Contribution
means the contribution you must pay towards the cost of the Services as set out in Schedule 1.
Member Contribution Policy
means our Member Contribution Policy, a copy of which is available on our website.
No Dealing Period
means the period during which you are receiving Services from a Helper and 6 months thereafter.
No Show
means you were required to be present for a scheduled Service, you were not present at the agreed place or time and you did not cancel the scheduled Service.
Ongoing Services
means services delivered to participants under the ongoing Classification Type.
Personal Information
has the same meaning as it has in the Privacy Act 1988 (Cth).
Privacy Act
means Privacy Act 1988 (Cth).
Registered Provider
means a registered provider as defined under section 11(2) of the Aged Care Act.
Service Agreement
means this agreement setting out the terms of your funded aged care services with us.
Service Group
means a service group described in the Aged Care Act and for the purpose of this Service Agreement includes home support, assistive technology or home modifications.
Service Type
means a service type prescribed by the Aged Care Rules, which for convenience are set out in Schedule 1.
Services
means the services you receive from us under this Service Agreement.
Statement of Rights
means the Statement of Rights made under section 23 of the Aged Care Act, as amended from time to time.
Start Day
means the day you commence receiving any one or more type of Services from us, as set out in Schedule 1 or as agreed in writing between you and us.
Supporter
means a person registered by the System Governor as a supporter of the Member under section 37 of the Aged Care Act.
System Governor
means the Secretary of the Department of Health and Aged Care, as that department is known from time to time.
Schedule 3 - Statement of Rights
Independence, autonomy, empowerment and freedom of choice
1.1 An individual has a right to:
(a) exercise choice and make decisions that affect the individual’s life, including in relation to the following:
(i) the funded aged care services the individual has been approved to access;
(ii) how, when and by whom those services are delivered to the individual;
(iii) the individual’s financial affairs and personal possessions; and
(b) be supported (if necessary) to make those decisions, and have those decisions respected; and
(c) take personal risks, including in pursuit of the individual’s quality of life, social participation and intimate and sexual relationships.
Equitable access
1.2 An individual has a right to equitable access to:
(a) have the individual’s need for funded aged care services assessed, or reassessed, in a manner which is:
(i) culturally safe, culturally appropriate, trauma-aware and healing-informed; and
(ii) accessible and suitable for individuals living with dementia or other cognitive impairment; and
(b) palliative care and end-of-life care when required.
Quality and safe funded aged care services
1.3 An individual has a right to:
(a) be treated with dignity and respect; and
(b) safe, fair, equitable and non-discriminatory treatment; and
(c) have the individual’s identity, culture, spirituality and diversity valued and supported; and
(d) funded aged care services being delivered to the individual:
(i) in a way that is culturally safe, culturally appropriate, trauma-aware and healing-informed; and
(ii) in an accessible manner; and
(iii) by aged care workers of registered providers who have appropriate qualifications, skills and experience.
1.4 An individual has a right to:
(a) be free from all forms of violence, degrading or inhumane treatment, exploitation, neglect, coercion, abuse or sexual misconduct; and
(b) have quality and safe funded aged care services delivered consistently with the requirements imposed on registered providers under this Act.
Respect for privacy and information
1.5 An individual has a right to have the individual’s:
(a) personal privacy respected; and
(b) personal information protected.
1.6 An individual has a right to seek, and be provided with, records and information about the individual’s rights under this section and the funded aged care services the individual accesses, including the costs of those services.
Person-centred communication and ability to raise issues without reprisal
1.7 An individual has a right to:
(a) be informed, in a way the individual understands, about the funded aged care services the individual accesses; and
(b) express opinions about the funded aged care services the individual accesses and be heard.
1.8 An individual has a right to communicate in the individual’s preferred language or method of communication, with access to interpreters and communication aids as required.
1.9 An individual has a right to:
(a) open communication and support from registered providers when issues arise in the delivery of funded aged care services; and
(b) make complaints using an accessible mechanism, without fear of reprisal, about the delivery of funded aged care services to the individual; and
(c) have the individual’s complaints dealt with fairly and promptly.
Advocates, significant persons and social connections
1.10 An individual has a right to be supported by an advocate or other person of the individual’s choice, including when exercising or seeking to understand the individual’s rights in this section, voicing the individual’s opinions, making decisions that affect the individual’s life and making complaints or giving feedback.
1.11 An individual has a right to have the role of persons who are significant to the individual, including carers, visitors and volunteers, be acknowledged and respected.
1.12 An individual has a right to opportunities, and assistance, to stay connected (if the individual so chooses) with:
(a) significant persons in the individual’s life and pets, including through safe visitation by family members, friends, volunteers or other visitors where the individual lives and visits to family members or friends; and
(b) the individual’s community, including by participating in public life and leisure, cultural, spiritual and lifestyle activities; and
(c) if the individual is an Aboriginal or Torres Strait Islander person—community, Country and Island Home.
1.13 An individual has a right to access, at any time the individual chooses, a person designated by the individual, or a person designated by an appropriate authority.
Schedule 4 -Code of Conduct
When delivering funded aged care services to individuals, Registered Providers, Aged Care Workers and responsible persons of Registered Providers must:
(a) act with respect for individuals’ rights to freedom of expression, self‑determination and decision‑making in accordance with applicable laws and conventions; and
(b) act in a way that treats individuals with dignity and respect, and values their diversity; and
(c) act with respect for the privacy of individuals; and
(d) deliver funded aged care services in a safe and competent manner, with care and skill; and
(e) act with integrity, honesty and transparency; and
(f) promptly take steps to raise and act on concerns about matters that may impact the quality and safety of funded aged care services; and
(g) deliver funded aged care services free from:
(i) all forms of violence, discrimination, exploitation, neglect and abuse; and
(ii) sexual misconduct; and
(h) take all reasonable steps to prevent and respond to:
(i) all forms of violence, discrimination, exploitation, neglect and abuse; and
(ii) sexual misconduct.
Schedule 5 - Access Approval
Refer to the attached Access Approval (but not for existing CHSP Members whose Services started before 1 November 2025)
Schedule 6 -Privacy, Confidentiality and Personal Information Consent
1 We are committed to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and our responsibilities relating to protection of Personal Information under the Aged Care Act.
2 We will, as much as we can legally, keep any information you provide to us confidential.
3 Personal Information we hold about you will be:
(a) protected by security safeguards that are reasonable in the circumstances to protect against the loss or misuse of the information;
(b) managed according to law, this Agreement and our Privacy Policy, which is available on our website (or you can ask for a copy any time).
4 Five Good Friends may collect, use and disclose Personal Information about you:
(a) to coordinate and provide Services,
(b) to assist with facilitating our internal business operations;
(c) as required to meet any legal and regulatory requirements;
(d) to provide you with information about us and the Services that we offer;
(e) to enable ongoing assessment of your care needs; and
(f) as otherwise authorised in our Privacy Policy and any privacy collection statement or other similar document you may sign from time to time.
5 We may collect your Personal Information from and disclose your Personal Information to:
(a) your Helper, including to assist with the provision of Services and the reporting of incidents or concerns between your Helper and Five Good Friends;
(b) your Legal Authorised Representative;
(c) your nominated emergency contact;
(d) any other person you ask us to speak to about your care or Services;
(e) our related entities and affiliated organisations and service providers, who assist us in operating our business;
(f) a court, a tribunal or an authority or person with power to require the production of documents or the answering of questions, including regulatory bodies and government agencies.
(g) other service providers involved in your care or Services;
(h) My Health Record and Government agencies;
(i) a previous service provider, if you are to move to our service from another service;
(j) your new, or prospective new service provider, if you move or propose to move from our service to another service;
(k) any other person or body as permitted at law.
6 As we provide you with Services, we may leave records about your Services at your home. You agree that you will keep these records safe and secure and that you will inform us if any event or threatened event jeopardises the safety or security of this record.