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AGED CARE ACT 1997 - SECT 27.8

Date of effect of renewal of classification that has an expiry date--reappraisal received after reappraisal period

             (1)  If:

                     (a)  a reappraisal is made in respect of an * expiry date for a care recipient's classification; and

                     (b)  the reappraisal is received by the Secretary after the end of the reappraisal period for that expiry date (see subsection 27-2(1));

the renewal of the classification takes effect from the day on which the reappraisal is received by the Secretary.

             (2)  However, if the Secretary is satisfied that the reappraisal was sent in sufficient time to be received by the Secretary, in the ordinary course of events, within that period, the renewal is taken to have had effect from the * expiry date for the classification.

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

             (3)  In considering whether a reappraisal received after 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 a reappraisal received outside that period was sent in sufficient time.

             (5)  Subsections (2), (3) and (4) do not apply if the Secretary has given a notice under section 27-3 requiring the reappraisal to be made.



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