Regis Healthcare Provides Federal Court Judgement Update

Regis Healthcare Limited (Regis) advised on 2 March 2018 that the Federal Court of Australia (the Court) delivered its judgement in respect of Regis’ application for a declaration to obtain clarity in relation to whether Regis’ Asset Replacement Charge (the ARC) is consistent with the Aged Care Act 1997 (the Act).

The Court decided that the ARC is not consistent with the Act.

Following the judgment, Regis ceased charging the ARC effective 2 March 2018 and has now commenced a process to refund (with accrued interest) all residents who had previously paid the ARC.

Regis made its application to the Court in April 2017 to seek clarity on the Commonwealth Department of Health’s guidance (which was issued in September 2016) in relation to fees and charges aged care providers may charge under the Act.


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