Federal Court Decision in Regis Aged Care Case

6 March 2018
The Federal Court handed down a decision on 2 March 2018, to disallow Regis Aged Care from levying an “Asset Replacement Charge” on aged care residents.
This ruling confirms the Department of Health’s interpretation of the relevant legislation.
The decision is a reminder to aged care providers to ensure that they adhere to the legislation in regards to fees charged to residents.
An information sheet regarding the legislation can be found at https://agedcare.health.gov.au/programs/residential-care/charging-fees-for-additional-care-and-services-in-residential-aged-care-including-capital-refurbishment-type-fees
The Department notes the Federal Court’s decision has a 28-day appeal period.
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