Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 29C.2

How care recipients may be classified

  (1)   The Secretary may classify a care recipient for * respite care or * non - respite care (the relevant kind of care ) according to the level of care the care recipient needs, relative to the needs of other care recipients, if:

  (a)   there is no classification of the care recipient for the relevant kind of care under this Part; or

  (b)   the Secretary decides to reclassify the care recipient for the relevant kind of care under this Part (see section   29D - 1).

Note:   Classifications are reviewable under Part   6.1.

  (2)   However, the Secretary must not classify the care recipient unless the level of care needed by the care recipient, relative to the needs of other care recipients, has been assessed under section   29C - 3 for the purposes of making the classification.

Requirements for classification

  (3)   The classification must specify the appropriate * classification level for the care recipient for the relevant kind of care (see section   29C - 5). The Classification Principles may specify methods or procedures that the Secretary must follow in determining the appropriate classification level for the care recipient.

  (4)   In classifying the care recipient, the Secretary must take into account:

  (a)   the assessment of the care needs of the care recipient mentioned in subsection   (2); and

  (b)   any other matters specified in the Classification Principles.

Notice of classification

  (5)   The Secretary must notify the care recipient, and any approved provider that is providing care to the care recipient, of the following in writing:

  (a)   whether the classification is for * respite care or * non - respite care;

  (b)   the classification of the care recipient;

  (c)   the day the classification takes effect;

  (d)   if the classification of the care recipient is a reclassification (see section   29D - 1)--that it is a reclassification.

When classification takes effect

  (6)   The classification takes effect on the day specified in the Classification Principles.

  (7)   For the purposes of subsection   (6), the Classification Principles may specify a day before the classification was made, so long as the day is not before the commencement of this Part.