All existing CHSP consumers must receive a signed copy of the Charter from their provider by 30 September 2019. LASA has sought additional advice on CHSP transport provider requirements, noting that transport clients may be registered as existing clients but may have not actively used the service for some time. Other service types may have similar client profiles.

The Department of Health has advised that all CHSP providers are required to give all new and existing consumers a copy of the new Charter signed by the provider, assist the consumer to understand the Charter and ensure that the consumer or their authorised person has been given a reasonable opportunity to sign a copy of the Charter. CHSP transport providers are not exempt from this requirement. It is, however, up to each CHSP transport provider to determine whether their clients are existing or not.

As guidance in making this determination, the CHSP Program Manual specifies that CHSP service providers must discharge clients whose needs and goals specified on the support plan have been met (section 4.4.2). The Manual also requires CHSP providers when developing, and delivering or evaluating services directed to clients to emphasise responsive service provision for an agreed time period and with agreed review points (section 1.2.8). The review of all client’s support services is to be undertaken 12 monthly as a minimum (section 2.6).

The Department notes that the above does not constitute legal advice and CHSP providers are responsible for obtaining their own legal advice on their responsibilities under aged care legislation.