Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 22.4

Assessments of care needs

             (1)   Before deciding whether to approve a person under this Part, the Secretary must ensure the care needs of the person have been assessed.

             (2)  Subject to subsection (2A), the Secretary may limit the assessment to assessing the person in relation to:

                     (a)  the person's eligibility to receive one or more specified types of * aged care; or

                     (b)  the person's eligibility to receive a specified level or levels of care.

          (2A)  If the person has applied for approval as a recipient of home care, the assessment must include an assessment of the person's priority for home care services.

             (3)  However, the Secretary may make the decision without the person's care needs being assessed if the Secretary is satisfied that there are exceptional circumstances that justify making the decision without an assessment.

             (4)  A person to whom the Secretary's function of deciding whether to approve the person is delegated may be the same person who assessed the person.

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