Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 25.3

  (1)   An appraisal of the level of care needed by a care recipient, relative to the needs of other care recipients, must be made by:

  (a)   the approved provider that is providing care to the care recipient, or a person acting on the approved provider's behalf; or

  (b)   if a person has been authorised under section   25 - 5 to make those appraisals--that person.

However, this subsection does not apply if the care recipient is being provided with care as * respite care.

  (1A)   However, the appraisal must not be made if the classification of the care recipient that would be made under subsection   25 - 1(1) would take effect, or would be taken to have had effect, from or on a day that is on or after the * transition day.

  (2)   The appraisal:

  (a)   must not be made during the period of 7 days starting on the day on which the approved provider began providing care to the care recipient; and

  (b)   must not be given to the Secretary during the period of 28 days starting on the day on which the approved provider began providing care to the care recipient.

  (2A)   However, if the Classification Principles specify:

  (a)   circumstances in which subsection   (2) does not apply in relation to an appraisal; and

  (b)   an alternative period during which the appraisal may be made in those circumstances;

the times when the appraisal may be made and given to the Secretary are to be determined in accordance with the Classification Principles.

  (3)   The appraisal must be in a form approved by the Secretary, and must be made in accordance with the procedures (if any) specified in the Classification Principles.

  (3A)   The Secretary may approve forms which must be used in the course of making an appraisal.

  (4)   If a care recipient is being, or is to be, provided with care as * respite care, an assessment of the care recipient's care needs made under section   22 - 4 is taken:

  (a)   to be an appraisal of the level of care needed by the care recipient; and

  (b)   to have been received by the Secretary under subsection   25 - 1(1) as such an appraisal.

  (5)   However, subsection   (4) does not apply to the assessment if the classification of the care recipient that would be made under subsection   25 - 1(1) would take effect, or would be taken to have had effect, from or on a day that is on or after the * transition day.