Population B + C · Inside the system

Red Flags in a Support at Home Service Agreement

By Steve Hadfield, AgedCareActionPlan.au · Last reviewed: 23 June 2026

Recently changed: Support at Home facts many sites still get wrong

Last reviewed: · Next review: After 20 September 2026 indexation

Price caps were deferred in May 2026 — no new start date

Price caps were scheduled to take effect on 1 July 2026. In May 2026 the government deferred them indefinitely, citing market volatility. No replacement date has been announced. Providers continue to set their own prices, but cannot charge entry or exit fees, and the Aged Care Quality and Safety Commission has new powers to order refunds for overcharging.

Source: Australian Ageing Agenda, 20 May 2026

The lifetime contribution cap is $137,917.01, not $135,318.69

The standard Support at Home lifetime cap on non-clinical contributions was indexed on 20 March 2026 from $135,318.69 to $137,917.01. This is the figure now used by Services Australia. Next indexation is 20 September 2026.

Source: My Aged Care — Changes to contributions
In short: Your service agreement is the legal document that governs everything your provider does — what they deliver, what you pay, and what your rights are if something goes wrong. If your parent is transitioning from a Home Care Package, they have up to 90 days to sign — and services continue in the meantime. New participants sign before or on the day services start. Either way, you do not need to sign under pressure. Under the Aged Care Rules 2025, no provider can charge an exit fee, lock you in, or charge more than 10% of your quarterly budget in care management fees. This guide explains what to look for, what to refuse, and what to do if something is already wrong.

Last updated: 22 June 2026

What Should Stop You Signing a Service Agreement?

Four clauses should stop you signing a Support at Home service agreement: any exit fee, a care management fee above 10% of your quarterly budget, a lock-in or minimum service period, and a missing complaints process. Each breaches the Aged Care Rules 2025 or the Aged Care Act 2024. Ask for removal first.

The clauses below are either prohibited under Support at Home or directly breach the rules. Do not sign an agreement that contains any of them — ask the provider to remove the clause and send a corrected version. Reviewing the agreement is one step in the wider job of choosing and managing an aged care provider, and a bad agreement is often the first sign you have the wrong one.

Any exit fee

Exit fees are prohibited under Support at Home — regardless of what they are called. If the agreement includes a fee for leaving, an "early termination fee," a "transition charge," or any similar description of a cost you would incur by switching providers, that clause is unlawful. Do not sign. Ask for it to be removed before you proceed.

Care management fee above 10%

Under the Aged Care Rules 2025, care management is capped at 10% of your quarterly budget. The remaining 90% must go toward your actual care and services. If the agreement specifies a higher percentage — or uses language like "care coordination fee," "administration fee," or "case management fee" to describe charges that sit outside the 10% — ask the provider to clarify in writing exactly what the total fee is as a percentage of your quarterly budget. If it exceeds 10%, do not sign.

To understand how your quarterly budget works and what it covers, see Support at Home vs Home Care Packages — What Changed.

A lock-in period or minimum service term

There is no lawful mechanism for a Support at Home provider to lock you in. You have the right to switch providers at any time. Any clause specifying a minimum period of service — or a penalty for leaving before a set date — conflicts with your rights. Ask for it to be removed.

Agreement not written in plain language

Section 148-65 of the Aged Care Rules 2025 requires service agreements to be written in plain language that is readily understandable. A document your family cannot understand without legal help is not meeting this standard. You are entitled to a plain-English version. Ask for one.

No complaint or feedback process

Every service agreement must include a complaint and feedback mechanism. Its absence is a compliance failure. It also matters practically — this process is your first formal avenue if services don't go as agreed. If there is no complaints process in the document, ask the provider to add one before you sign.

No mention of your Statement of Rights

Under the Aged Care Act 2024, every provider is legally required to explain your rights under the Statement of Rights and reference it in your service agreement. The Statement of Rights replaced the Charter of Aged Care Rights when the new Act commenced. Its absence from the agreement is a compliance failure.

If you're not certain whether a clause in your own agreement crosses one of these lines, the free agreement checker is built for exactly this — work through it before you sign, not after.


Already signed and something seems wrong?

Skip to the What to do if you've already signed section below. You have options — including free advocacy through OPAN on 1800 700 600.


What Warning Signs Appear Before You Even Read the Document?

How a provider handles the agreement reveals as much as the document itself. Treat these as warnings: pressure to sign the same day, refusal to send the agreement in advance, an inability to explain a clause in plain English, or a dense legal document. The Aged Care Rules 2025 require plain language throughout.

They're pressuring you to sign the same day

Urgency language — "we need this back today", "your services could be delayed otherwise", "we just need a signature to get started" — is a tactic. It is not how a compliant provider operates. Your provider is legally required to give you time. A provider who ignores that obligation before you've even started is showing you how they'll handle disputes once you are locked in. This isn't only good-practice advice. The Aged Care Quality and Safety Commission has told providers directly, in writing, that it is not acceptable to pressure older people to finalise their service agreements before they are required to. A provider who pushes you is acting against what the regulator has explicitly instructed.

They won't send the agreement in advance

You are entitled to receive the agreement before any signing meeting — with enough time to read it and ask questions. If the provider only produces it at the meeting and expects you to sign without time to review it, that is not an oversight. Ask for it to be sent to you at least a few days ahead. If they refuse, consider whether this is the right provider.

They can't explain a clause you've asked about

Under the Aged Care Rules 2025, service agreements must be written in plain language that is readily understandable. If your provider cannot explain a clause in plain English — or their explanation contradicts what's written — do not sign until it is resolved in writing. "That's just standard wording" is not an explanation.

The document is long, dense, and full of legal language

A compliant Support at Home service agreement is not a 30-page legal document. The Aged Care Rules 2025 require plain language. If the document you've received requires a lawyer to interpret, ask the provider for a plain-English version. If one doesn't exist, that is a compliance issue — and a reliable signal about the provider's culture.


What Should You Ask About Before You Sign?

Some clauses aren't automatic deal-breakers but need answers in writing first: a vague service schedule, price-increase clauses with no notice period, cancellation fees that apply regardless of notice, a "TBC" contribution rate with no explained process, or no care plan review schedule. Get each one clarified before you sign.

Vague service schedule

Your agreement should name each service specifically — the type of service, how often it will be delivered, and approximately when. A schedule that says "services as agreed from time to time" gives the provider latitude to deliver less than you expect without technically breaching the agreement.

Ask for the service schedule to name each service, its frequency, and approximate timing. If the provider says this will be "worked out once services start" — get whatever is agreed in that conversation added to the agreement as a written variation.

Price increase clauses without a notice period

Providers are permitted to change prices under Support at Home. What to check: does the agreement specify how much notice you'll receive before a price increase takes effect? An agreement that allows price changes without notice — or with only a few days' notice — means your costs can change with almost no warning. Ask the provider what their notice period is for price changes and ask for it to be written into the agreement.

Cancellation fees that apply regardless of notice

Providers can legitimately charge for services cancelled with very short notice — typically less than 24 or 48 hours. This is standard. What to watch for: any cancellation fee that applies regardless of how much notice you gave, or fees that apply when the provider cancels rather than when you do. You should not be charged for a service the provider failed to deliver.

Contribution rate showing "TBC"

If Services Australia hasn't yet confirmed your individual contribution rate, the agreement may show "TBC" (to be confirmed). This is acceptable. What the agreement should also include is the process: that Services Australia will write to you with your confirmed rate, that you will be given the updated rate before it is applied, and how to raise any concerns. If the agreement is silent on this process, ask the provider to add the explanation before you sign.

No care plan review schedule

Under the Aged Care Rules 2025, your care plan must be reviewed at least once every 12 months, or whenever you request a review. Your service agreement should reflect this. If the agreement either omits care plan reviews or sets an interval longer than 12 months, ask the provider to correct it.

No worker consistency commitment

Your agreement doesn't have to guarantee the same worker every visit. But a good provider will include a commitment to consistent staffing wherever possible. An agreement with no reference to staffing continuity is often a sign of a provider who rotates workers frequently. Ask the provider what their policy is — and if they're confident in it, ask for it to be reflected in the agreement.


Do You Have to Sign Straight Away?

If your parent is transitioning from a Home Care Package, they have up to 90 days to sign the new Support at Home agreement after Services Australia confirms their contribution rate — and services continue meanwhile. New participants sign before or on the day services start. No one can be pressured to sign early.

This 90-day window is a transition arrangement for people who were already receiving a Home Care Package. If your parent is new to government-funded home care, the position is different: the agreement must be in place before or on the day services start. Either way, you are entitled to enough time, information and support to make an informed decision before signing — a right the Aged Care Act 2024 protects.

One honest note the reassuring version leaves out: the 90 days is not open-ended. If a transitioned participant still has not signed after 90 days, the provider is allowed to cease services — but only after giving 14 days' written notice first. So treat the window as real protection, not a deadline to ignore. Use the time; don't run it to zero.

A note on asking questions

Many older people feel they can't push back on a provider — they worry about seeming difficult, or that the provider will deprioritise them if they ask too many questions. Asking questions before you sign is not being difficult. It is your legal right. A good provider will welcome it. A provider who doesn't is showing you who they are.


What Is a Service Agreement?

Your Support at Home service agreement is the legal contract your provider sends before services begin. It sets out what they'll deliver, what you'll pay, your rights, and how to leave. Once signed it binds both sides — which is why reading it before you sign, not after, matters.

Most families sign without reading it. The provider hands it over, it looks official, care is needed now, and the document goes in a drawer. This is understandable. It is also the reason so many families end up surprised by fees, uncertain of their rights, or unsure whether what is happening is what they actually agreed to.

The good news: you don't have to sign it on the spot. Under the Aged Care Act 2024, your provider is legally required to give you enough time, information and support to make an informed decision. If a provider is rushing you, that pressure is itself a red flag — and it tells you something important about how they will operate once services begin.


What Does a Good Clause Look Like?

Knowing what a compliant clause looks like is as useful as spotting a bad one. A good care management clause names the 10% figure, shows the quarterly dollar amount, and rules out extra fees. A good exit clause states a notice period, confirms no exit fee applies, and makes the final invoice scope clear.

Example — compliant care management clause

"Care management is charged at 10% of your quarterly Support at Home budget. For a Classification 3 participant, this is approximately $549 per quarter. This fee covers your monthly care partner contact, care plan development and review, and coordination of your services. No additional administration or coordination fees apply."

What makes this compliant: the percentage is named, it stays within the 10% cap, the quarterly dollar amount is shown, what the fee covers is described, and the clause explicitly rules out additional fees. If your agreement's care management clause doesn't include these elements, ask the provider to provide this level of detail.

Example — compliant exit clause

"You may end this agreement at any time by giving 14 days' written notice. No exit fee or administration charge applies. Your final invoice will cover only services delivered up to your exit date."

What makes this compliant: no exit fee, notice period is specified, and the final invoice scope is clear. If your exit clause says anything materially different from this — particularly if it includes a fee or a minimum service period — do not sign.


What Should You Be Able to Find in the Agreement?

A compliant Support at Home agreement should let you find nine things: a plain-language list of each service, the price of each, your contribution rate, the care management fee as a percentage, the care plan review schedule, the complaints process, your Statement of Rights, how to end the agreement, and how unspent funds are handled.

Work through this checklist before you sign. Each item should be present and written in language you can understand. If anything is missing, ask the provider to add it.

A plain-language description of each service to be deliveredNamed specifically — not 'services as required'
The price of each serviceIn dollars, not just percentages
Your individual contribution rateOr an explanation of the TBC process if not yet confirmed
The care management feeAs a percentage of your quarterly budget — must be 10% or less
How and when your care plan will be reviewedMust be at least annually, or on your request
The complaint and feedback processIncluding who to contact and how
Your rights under the Statement of RightsReferenced or attached
How to end the agreementNotice period, no exit fee, no lock-in
How unspent funds are handledWhat happens to your remaining quarterly balance

What Are the Three Quickest Checks Before Signing?

If the full checklist feels like too much, do three quick checks. One: find the care management fee and confirm it's 10% or less of your quarterly budget. Two: check the exit clause for any fee, charge, or lock-in. Three: confirm the service schedule names each service, its frequency, and timing. These catch the most common problems in five minutes.

1 — Check the fee section

Find the care management fee. It must be 10% or less of your quarterly budget. If it is higher — or if fees are described using different language like "coordination fee" or "administration fee" — ask the provider to clarify in writing before you sign.

2 — Check the exit clause

Find the section about ending the agreement. There should be no exit fee, no administration charge for leaving, and no minimum service period. If any of these appear, do not sign until they are removed.

3 — Check the service schedule

Find the list of services. Each service should be named specifically — the type of service, how often, and approximately when. A schedule that says "services as agreed from time to time" is not specific enough. Ask for it to be updated before you sign.


What Should You Do If You've Already Signed?

Finding a problem after signing isn't irreversible. Write to the provider naming the clause you believe is unlawful and ask for confirmation in writing. Contact OPAN for free, independent advocacy on 1800 700 600. For serious breaches like an exit fee, lodge a complaint with the Aged Care Quality and Safety Commission on 1800 951 822.

If the agreement contains a prohibited clause

Write to the provider (email is fine) and name the specific clause you believe is unlawful. Ask them to confirm in writing that it will not be enforced, or to provide a corrected agreement.
Contact OPAN for free, independent advocacy: 1800 700 600, opan.org.au. OPAN can advise whether the clause is lawful and advocate with the provider on your behalf.
If the provider refuses to engage — or attempts to enforce a prohibited clause such as an exit fee — lodge a complaint with the Aged Care Quality and Safety Commission at agedcarequality.gov.au or on 1800 951 822.

If services aren't being delivered as the agreement describes

A service agreement that isn't being followed is a contract breach. Start by raising it in writing with the provider. If that doesn't resolve it, the escalation guide walks through the full process — written complaints, OPAN advocacy, and ACQSC referral step by step.

If the provider has charged an exit fee you've already paid

Contact OPAN on 1800 700 600. The ACQSC now has explicit power to investigate overcharging and order refunds. Lodge a complaint at agedcarequality.gov.au or on 1800 951 822. Keep all records — your original agreement, any invoices, and all written communication with the provider.


What If the Agreement Is a Sign of a Bigger Problem?

Sometimes a bad agreement is a symptom, not the cause — the provider isn't the right fit. You can switch Support at Home providers at any time, and the process is more straightforward than most families expect. Understanding your funding entitlements first makes any renegotiation or switch easier.

If you're thinking about switching, see How to Switch Your Support at Home Provider for the step-by-step, including what happens to your funding and how to switch without a service gap. For guidance on choosing a replacement provider and what questions to ask before you commit, see How to Choose a Home Care Provider.

If you'd like to understand your parent's funding entitlements before reviewing or renegotiating any agreement, the fee calculator estimates their quarterly budget and contribution based on their classification and income.

And before you commit to a replacement, you can check a prospective provider with the provider checker — a quick way to pressure-test a new provider before you sign anything with them.

Not sure if your agreement is standard — or what your parent is actually entitled to? Answer a few questions and get a step-by-step plan built around their situation.

Common questions

What must be included in a Support at Home service agreement?

Under the Aged Care Rules 2025, a service agreement must include: a plain-language description of services; the price of each service; your individual contribution rate or a process for including it once confirmed; the care management fee (capped at 10% of your quarterly budget); how and when your care plan will be reviewed (at minimum annually); the complaint and feedback process; your rights under the Statement of Rights; how to end the agreement and required notice period; and how unspent funds are handled.

Can a home care provider charge an exit fee?

No. Exit fees are prohibited under Support at Home. If your service agreement includes any fee for leaving — regardless of what it is called — do not sign until it is removed. If you have already signed, contact OPAN on 1800 700 600.

What is the care management fee cap under Support at Home?

Care management is capped at 10% of your quarterly budget under the Aged Care Rules 2025. The remaining 90% must go toward your actual care and services. If the agreement specifies a higher percentage, ask the provider to correct it before you sign.

Do I have to sign my service agreement straight away?

It depends. If you're transitioning from a Home Care Package, you have up to 90 days to sign after Services Australia confirms your contribution rate, and services continue meanwhile. New participants sign before or on the day services start. Either way, your provider must give you enough time and support to decide.

Can I start receiving services before I sign the agreement?

If you're transitioning from a Home Care Package, services continue while you finalise the new agreement (up to 90 days). If you're a new participant, the agreement must be in place before or on the day services start. Either way, you're entitled to time to read and understand it.

What if I have already signed an agreement that has a problem clause?

Contact OPAN on 1800 700 600. OPAN provides free, independent advocacy. For serious breaches, you can also lodge a complaint with the Aged Care Quality and Safety Commission at agedcarequality.gov.au or on 1800 951 822.

Can a Support at Home provider lock me in for a minimum service period?

No. There is no lawful lock-in mechanism under Support at Home. You have the right to switch providers at any time. Any clause specifying a minimum period or exit penalty is unlawful.

How often must my care plan be reviewed?

At least once every 12 months under the Aged Care Rules 2025, or when you request a review. If the agreement sets a longer interval or omits care plan reviews, ask the provider to correct it.

What if my contribution rate says TBC in the agreement?

This is acceptable while Services Australia is confirming your rate. But the agreement should explain the process — that you'll receive your rate in writing and have an opportunity to review it before it's applied. If the agreement is silent on this, ask the provider to add the explanation.

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This guide is for information only — not legal, medical, or financial advice. Verified against the Aged Care Act 2024 and Aged Care Rules 2025. Check myagedcare.gov.au for current rates and rules.

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