Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 26.2

Appraisals not received within the appropriate period--care other than respite care

             (1)  A classification of a care recipient (other than a classification in relation to care provided as * respite care) takes effect from the day an appraisal of the care recipient is received by the Secretary if the appraisal is received outside the period in paragraph 26-1(a) or (b) (whichever is applicable).

             (2)  However, if the Secretary is satisfied that the appraisal was sent in sufficient time to be received by the Secretary, in the ordinary course of events, within that period, the classification is taken to have had effect from the day the care recipient began being provided with the level of care specified in the appraisal.

Note:          A decision that the Secretary is not satisfied an appraisal was sent in sufficient time is reviewable under Part 6.1.

             (3)  In considering whether an appraisal received outside that period was sent in sufficient time, the Secretary may have regard to any information, relevant to that question, that the approved provider gives to the Secretary.

             (4)  The Secretary must notify the approved provider, in writing, if the Secretary is not satisfied that the appraisal received outside that period was sent in sufficient time.



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