Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 57.21

             (1)  The * accommodation bond balance in respect of an * accommodation bond paid by a care recipient for * entry to a residential care service or flexible care service must be refunded by the approved provider conducting the service if:

                     (a)  the care recipient dies; or

                     (b)  the care recipient ceases to be provided with:

                              (i)  residential care by the residential care service (other than because the care recipient is on * leave); or

                             (ii)  flexible care provided in a residential setting by the flexible care service; or

                     (c)  in respect of an accommodation bond paid for the entry to a residential care service--the residential care service ceases to be * certified.

             (2)  The * accommodation bond balance must be refunded to the care recipient in the way specified in the User Rights Principles.

             (3)  The * accommodation bond balance must be refunded:

                    (aa)  if the care recipient dies--within 14 days after the day on which the approved provider is shown the probate of the will of the care recipient or letters of administration of the estate of the care recipient; or

                     (a)  if the care recipient is to * enter another service to receive residential care:

                              (i)  if the care recipient has notified the approved provider of the move more than 14 days before the day on which the approved provider ceased providing care to the care recipient--on the day on which the approved provider ceased providing that care; or

                             (ii)  if the care recipient so notified the approved provider within 14 days before the day on which the approved provider ceased providing that care--within 14 days after the day on which the notice was given; or

                            (iii)  if the care recipient did not notify the approved provider before the day on which the approved provider ceased providing that care--within 14 days after the day on which the approved provider ceased providing that care; or

                     (b)  in any other case--within 14 days after the day on which the event referred to in paragraph (1)(b) or (c) (whichever is applicable) happened.