AGED CARE ACT 1997 - SECT 85.1 Reviewable decisions

Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 85.1

Reviewable decisions

Each of the following decisions is a * reviewable decision :

Reviewable decisions
Item
Decision
Provision under which decision is made
5
To reject an application for a determination under section 15 - 1 (when allocations take effect)
subsection 15 - 3(3)
6
To vary or revoke a provisional allocation of places to a person if a condition has not been met
subsection 15 - 4(1)
7
To reject an application for a variation of a provisional allocation of places
subsection 15 - 5(4)
8
To extend a provisional allocation period
subsection 15 - 7(5)
9
To reject an application for extension of a provisional allocation period
subsection 15 - 7(5)
10
To give a veto notice rejecting the transfer of an allocated place, other than a provisionally allocated place
subsection 16 - 6(1)
11
To give a veto notice rejecting the transfer of a provisionally allocated place
subsection 16 - 17(1)
13
To determine a period for making an application to vary the conditions to which an allocation is subject
subsection 17 - 2(5)
14
To refuse to determine a period for making an application to vary the conditions to which an allocation is subject
subsection 17 - 2(5)
15
To reject an application for variation of conditions to which an allocation of places is subject
section 17 - 5
16
To approve a day as a variation day for conditions to which an allocation of places is subject
subsection 17 - 7(3)
17
To reject an application to approve a day as a variation day
subsection 17 - 7(3)
18
To revoke an unused allocation of a place
subsection 18 - 5(1)
19
To reject an application to approve a person as a care recipient
subsection 22 - 1(2)
20
To limit a person's approval as a care recipient
subsection 22 - 2(1)
21
To limit a person's approval as a care recipient to one or more levels of care
subsection 22 - 2(3)
22
To vary a limitation on a person's approval as a care recipient
subsection 22 - 2(4)
23
As to when a person urgently needed care and when it was practicable to apply for approval
paragraph 22 - 5(2)(b)
24
To extend the period during which an application for approval as a care recipient can be made
subsection 22 - 5(3)
25
To reject an application to extend the period during which an application for approval as a care recipient can be made
subsection 22 - 5(3)
25A
To determine a person's priority for home care services
subsection 22 - 2A(1)
25B
To vary a person's priority for home care services
subsection 22 - 2A(2)
26
To revoke an approval of a person as a care recipient
subsection 23 - 4(1)
27
To suspend an approved provider from making appraisals under section 25 - 3 and reappraisals under section 27 - 5
subsection 25 - 4(1)
27A
To refuse to lift a suspension of an approved provider from making appraisals and reappraisals
subsection 25 - 4C(1)
28
That the Secretary is not satisfied an appraisal under section 25 - 3 (appraisals of the level of care needed) was sent in sufficient time
subsection 26 - 2(2)
29
To refuse to renew the classification of a care recipient
subsection 27 - 6(1)
30
That the Secretary is not satisfied that a reappraisal under section 27 - 5 (reappraisal of the level of care needed) was sent in sufficient time
subsection 27 - 8(2)
31
To change the classification of a care recipient
subsection 29 - 1(1)
32
To classify a care recipient
subsection 29C - 2(1)
32A
To not reclassify a care recipient
subsection 29D - 1(1)
32B
To change the classification of a care recipient
subsection 29E - 1(1)
33
To reject an application for approval of extra service fees
subsection 35 - 1(2)
37
To refuse to make a determination that a residential care service is taken to meet its accreditation requirement
subsection 42 - 5(1)
38
To specify a period or event at the end of which, or on the occurrence of which, a determination under subsection 42 - 5(1) ceases to be in force.
subsection 42 - 5(4)
39
To revoke a determination that exceptional circumstances apply
subsection 42 - 6(1)
39AA
To extend the period within which a variation of a claim for residential care subsidy can be made
section 43 - 4A
39AB
To refuse to extend the period within which a variation of a claim for residential care subsidy can be made
section 43 - 4A
42
To determine that a judgment or settlement is to be treated as having taken into account the cost of providing residential care
subsection 44 - 20(5)
43
To determine that a part of the compensation under a settlement is to be treated as relating to the future costs of providing residential care

subsection 44 - 20(6)
44
To determine compensation payment reductions in respect of residential care subsidy
subsection 44 - 20A(4)
45
To refuse to make a determination that the care subsidy reduction is zero
subsection 44 - 23(2)
45A
To specify a period at the end of which a determination that the care subsidy reduction is zero ceases to be in force
subsection 44 - 23(3)
46
To make a determination for the purposes of working out a care recipient's total assessable income
subsection 44 - 24 (1) or paragraph 44 - 24(2)(b), (3)(b), (3A)(b) or (4)(b)
47
To determine the value of a person's assets
subsection 44 - 26C(1)
47A
To revoke a determination of the value of a person's assets
subsection 44 - 26C(4)
48
To refuse to make a determination that a care recipient is eligible for a hardship supplement of a particular amount in respect of residential care
subsection 44 - 31(1)
49
To specify a period or event at the end of which, or on the occurrence of which, a determination under section 44 - 31 will cease to be in force
subsection 44 - 31(3)
49AA
To revoke a determination that a care recipient is eligible for a hardship supplement in respect of residential care
subsection 44 - 32(1)
49A
To extend the period within which a variation of a claim for home care subsidy can be made
section 47 - 4A
49B
To refuse to extend the period within which a variation of a claim for home care subsidy can be made
section 47 - 4A
50
To determine that a judgement or settlement is to be treated as having taken into account the cost of providing home care
subsection 48 - 5(5)
51
To determine that a part of the compensation under a settlement is to be treated as relating to the future costs of providing home care
subsection 48 - 5(6)
52
To determine compensation payment reductions in respect of home care subsidy
subsection 48 - 6(4)
53
To refuse to make a determination that the care subsidy reduction is zero
subsection 48 - 8(2)
53A
To specify a period at the end of which a determination that the care subsidy reduction is zero ceases to be in force
subsection 48 - 8(3)
53B
To refuse to make a determination that a care recipient is eligible for a hardship supplement of a particular amount in respect of home care
subsection 48 - 11(1)
53C
To specify a period or event at the end of which, or on the occurrence of which, a determination under section 48 - 11 will cease to be in force
subsection 48 - 11(3)
53D
To revoke a determination that a care recipient is eligible for a hardship supplement in respect of home care
subsection 48 - 12(1)
53E
To refuse to approve a higher maximum amount of * accommodation payment than the maximum amount of accommodation payment determined by the Minister under section 52G - 3
subsection 52G - 4(5)
53F
To refuse to make a determination that paying an accommodation payment or accommodation contribution of more than a particular amount would cause financial hardship
subsection 52K - 1(1)
53G
To specify a period or event at the end of which, or on the occurrence of which, a determination under subsection 52K - 1(1) ceases to be in force
subsection 52K - 1(3)
53H
To revoke a determination that paying an accommodation payment or accommodation contribution would cause financial hardship
subsection 52K - 2(1)
56
To vary or revoke an allocation of a residential care grant
subsection 73 - 4(1)
57
To vary an allocation of a residential care grant
subsection 73 - 5(5)
58
To reject an application to vary an allocation of a residential care grant
subsection 73 - 5(5)
59
A decision under Principles made under section 96 - 1 that is specified in the Principles concerned to be a decision reviewable under this section
the provision specified in the Principles as the provision under which the decision is made

Reviewable decisions
5	To reject an application for a determination under section 15 - 1 (when allocations take effect)	subsection 15 - 3(3)
6	To vary or revoke a provisional allocation of places to a person if a condition has not been met	subsection 15 - 4(1)
7	To reject an application for a variation of a provisional allocation of places	subsection 15 - 5(4)
8	To extend a provisional allocation period	subsection 15 - 7(5)
9	To reject an application for extension of a provisional allocation period	subsection 15 - 7(5)
10	To give a veto notice rejecting the transfer of an allocated place, other than a provisionally allocated place	subsection 16 - 6(1)
11	To give a veto notice rejecting the transfer of a provisionally allocated place	subsection 16 - 17(1)
13	To determine a period for making an application to vary the conditions to which an allocation is subject	subsection 17 - 2(5)
14	To refuse to determine a period for making an application to vary the conditions to which an allocation is subject	subsection 17 - 2(5)
15	To reject an application for variation of conditions to which an allocation of places is subject	section 17 - 5
16	To approve a day as a variation day for conditions to which an allocation of places is subject	subsection 17 - 7(3)
17	To reject an application to approve a day as a variation day	subsection 17 - 7(3)
18	To revoke an unused allocation of a place	subsection 18 - 5(1)
19	To reject an application to approve a person as a care recipient	subsection 22 - 1(2)
20	To limit a person's approval as a care recipient	subsection 22 - 2(1)
21	To limit a person's approval as a care recipient to one or more levels of care	subsection 22 - 2(3)
22	To vary a limitation on a person's approval as a care recipient	subsection 22 - 2(4)
23	As to when a person urgently needed care and when it was practicable to apply for approval	paragraph 22 - 5(2)(b)
24	To extend the period during which an application for approval as a care recipient can be made	subsection 22 - 5(3)
25	To reject an application to extend the period during which an application for approval as a care recipient can be made	subsection 22 - 5(3)
25A	To determine a person's priority for home care services	subsection 22 - 2A(1)
25B	To vary a person's priority for home care services	subsection 22 - 2A(2)
26	To revoke an approval of a person as a care recipient	subsection 23 - 4(1)
27	To suspend an approved provider from making appraisals under section 25 - 3 and reappraisals under section 27 - 5	subsection 25 - 4(1)
27A	To refuse to lift a suspension of an approved provider from making appraisals and reappraisals	subsection 25 - 4C(1)
28	That the Secretary is not satisfied an appraisal under section 25 - 3 (appraisals of the level of care needed) was sent in sufficient time	subsection 26 - 2(2)
29	To refuse to renew the classification of a care recipient	subsection 27 - 6(1)
30	That the Secretary is not satisfied that a reappraisal under section 27 - 5 (reappraisal of the level of care needed) was sent in sufficient time	subsection 27 - 8(2)
31	To change the classification of a care recipient	subsection 29 - 1(1)
32	To classify a care recipient	subsection 29C - 2(1)
32A	To not reclassify a care recipient	subsection 29D - 1(1)
32B	To change the classification of a care recipient	subsection 29E - 1(1)
33	To reject an application for approval of extra service fees	subsection 35 - 1(2)
37	To refuse to make a determination that a residential care service is taken to meet its accreditation requirement	subsection 42 - 5(1)
38	To specify a period or event at the end of which, or on the occurrence of which, a determination under subsection 42 - 5(1) ceases to be in force.	subsection 42 - 5(4)
39	To revoke a determination that exceptional circumstances apply	subsection 42 - 6(1)
39AA	To extend the period within which a variation of a claim for residential care subsidy can be made	section 43 - 4A
39AB	To refuse to extend the period within which a variation of a claim for residential care subsidy can be made	section 43 - 4A
42	To determine that a judgment or settlement is to be treated as having taken into account the cost of providing residential care	subsection 44 - 20(5)
43	To determine that a part of the compensation under a settlement is to be treated as relating to the future costs of providing residential care	subsection 44 - 20(6)
44	To determine compensation payment reductions in respect of residential care subsidy	subsection 44 - 20A(4)
45	To refuse to make a determination that the care subsidy reduction is zero	subsection 44 - 23(2)
45A	To specify a period at the end of which a determination that the care subsidy reduction is zero ceases to be in force	subsection 44 - 23(3)
46	To make a determination for the purposes of working out a care recipient's total assessable income	subsection 44 - 24 (1) or paragraph 44 - 24(2)(b), (3)(b), (3A)(b) or (4)(b)
47	To determine the value of a person's assets	subsection 44 - 26C(1)
47A	To revoke a determination of the value of a person's assets	subsection 44 - 26C(4)
48	To refuse to make a determination that a care recipient is eligible for a hardship supplement of a particular amount in respect of residential care	subsection 44 - 31(1)
49	To specify a period or event at the end of which, or on the occurrence of which, a determination under section 44 - 31 will cease to be in force	subsection 44 - 31(3)
49AA	To revoke a determination that a care recipient is eligible for a hardship supplement in respect of residential care	subsection 44 - 32(1)
49A	To extend the period within which a variation of a claim for home care subsidy can be made	section 47 - 4A
49B	To refuse to extend the period within which a variation of a claim for home care subsidy can be made	section 47 - 4A
50	To determine that a judgement or settlement is to be treated as having taken into account the cost of providing home care	subsection 48 - 5(5)
51	To determine that a part of the compensation under a settlement is to be treated as relating to the future costs of providing home care	subsection 48 - 5(6)
52	To determine compensation payment reductions in respect of home care subsidy	subsection 48 - 6(4)
53	To refuse to make a determination that the care subsidy reduction is zero	subsection 48 - 8(2)
53A	To specify a period at the end of which a determination that the care subsidy reduction is zero ceases to be in force	subsection 48 - 8(3)
53B	To refuse to make a determination that a care recipient is eligible for a hardship supplement of a particular amount in respect of home care	subsection 48 - 11(1)
53C	To specify a period or event at the end of which, or on the occurrence of which, a determination under section 48 - 11 will cease to be in force	subsection 48 - 11(3)
53D	To revoke a determination that a care recipient is eligible for a hardship supplement in respect of home care	subsection 48 - 12(1)
53E	To refuse to approve a higher maximum amount of * accommodation payment than the maximum amount of accommodation payment determined by the Minister under section 52G - 3	subsection 52G - 4(5)
53F	To refuse to make a determination that paying an accommodation payment or accommodation contribution of more than a particular amount would cause financial hardship	subsection 52K - 1(1)
53G	To specify a period or event at the end of which, or on the occurrence of which, a determination under subsection 52K - 1(1) ceases to be in force	subsection 52K - 1(3)
53H	To revoke a determination that paying an accommodation payment or accommodation contribution would cause financial hardship	subsection 52K - 2(1)
56	To vary or revoke an allocation of a residential care grant	subsection 73 - 4(1)
57	To vary an allocation of a residential care grant	subsection 73 - 5(5)
58	To reject an application to vary an allocation of a residential care grant	subsection 73 - 5(5)
59	A decision under Principles made under section 96 - 1 that is specified in the Principles concerned to be a decision reviewable under this section	the provision specified in the Principles as the provision under which the decision is made

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Reviewable decisions
Item	Decision	Provision under which decision is made
5	To reject an application for a determination under section 15 - 1 (when allocations take effect)	subsection 15 - 3(3)
6	To vary or revoke a provisional allocation of places to a person if a condition has not been met	subsection 15 - 4(1)
7	To reject an application for a variation of a provisional allocation of places	subsection 15 - 5(4)
8	To extend a provisional allocation period	subsection 15 - 7(5)
9	To reject an application for extension of a provisional allocation period	subsection 15 - 7(5)
10	To give a veto notice rejecting the transfer of an allocated place, other than a provisionally allocated place	subsection 16 - 6(1)
11	To give a veto notice rejecting the transfer of a provisionally allocated place	subsection 16 - 17(1)
13	To determine a period for making an application to vary the conditions to which an allocation is subject	subsection 17 - 2(5)
14	To refuse to determine a period for making an application to vary the conditions to which an allocation is subject	subsection 17 - 2(5)
15	To reject an application for variation of conditions to which an allocation of places is subject	section 17 - 5
16	To approve a day as a variation day for conditions to which an allocation of places is subject	subsection 17 - 7(3)
17	To reject an application to approve a day as a variation day	subsection 17 - 7(3)
18	To revoke an unused allocation of a place	subsection 18 - 5(1)
19	To reject an application to approve a person as a care recipient	subsection 22 - 1(2)
20	To limit a person's approval as a care recipient	subsection 22 - 2(1)
21	To limit a person's approval as a care recipient to one or more levels of care	subsection 22 - 2(3)
22	To vary a limitation on a person's approval as a care recipient	subsection 22 - 2(4)
23	As to when a person urgently needed care and when it was practicable to apply for approval	paragraph 22 - 5(2)(b)
24	To extend the period during which an application for approval as a care recipient can be made	subsection 22 - 5(3)
25	To reject an application to extend the period during which an application for approval as a care recipient can be made	subsection 22 - 5(3)
25A	To determine a person's priority for home care services	subsection 22 - 2A(1)
25B	To vary a person's priority for home care services	subsection 22 - 2A(2)
26	To revoke an approval of a person as a care recipient	subsection 23 - 4(1)
27	To suspend an approved provider from making appraisals under section 25 - 3 and reappraisals under section 27 - 5	subsection 25 - 4(1)
27A	To refuse to lift a suspension of an approved provider from making appraisals and reappraisals	subsection 25 - 4C(1)
28	That the Secretary is not satisfied an appraisal under section 25 - 3 (appraisals of the level of care needed) was sent in sufficient time	subsection 26 - 2(2)
29	To refuse to renew the classification of a care recipient	subsection 27 - 6(1)
30	That the Secretary is not satisfied that a reappraisal under section 27 - 5 (reappraisal of the level of care needed) was sent in sufficient time	subsection 27 - 8(2)
31	To change the classification of a care recipient	subsection 29 - 1(1)
32	To classify a care recipient	subsection 29C - 2(1)
32A	To not reclassify a care recipient	subsection 29D - 1(1)
32B	To change the classification of a care recipient	subsection 29E - 1(1)
33	To reject an application for approval of extra service fees	subsection 35 - 1(2)
37	To refuse to make a determination that a residential care service is taken to meet its accreditation requirement	subsection 42 - 5(1)
38	To specify a period or event at the end of which, or on the occurrence of which, a determination under subsection 42 - 5(1) ceases to be in force.	subsection 42 - 5(4)
39	To revoke a determination that exceptional circumstances apply	subsection 42 - 6(1)
39AA	To extend the period within which a variation of a claim for residential care subsidy can be made	section 43 - 4A
39AB	To refuse to extend the period within which a variation of a claim for residential care subsidy can be made	section 43 - 4A
42	To determine that a judgment or settlement is to be treated as having taken into account the cost of providing residential care	subsection 44 - 20(5)
43	To determine that a part of the compensation under a settlement is to be treated as relating to the future costs of providing residential care	subsection 44 - 20(6)
44	To determine compensation payment reductions in respect of residential care subsidy	subsection 44 - 20A(4)
45	To refuse to make a determination that the care subsidy reduction is zero	subsection 44 - 23(2)
45A	To specify a period at the end of which a determination that the care subsidy reduction is zero ceases to be in force	subsection 44 - 23(3)
46	To make a determination for the purposes of working out a care recipient's total assessable income	subsection 44 - 24 (1) or paragraph 44 - 24(2)(b), (3)(b), (3A)(b) or (4)(b)
47	To determine the value of a person's assets	subsection 44 - 26C(1)
47A	To revoke a determination of the value of a person's assets	subsection 44 - 26C(4)
48	To refuse to make a determination that a care recipient is eligible for a hardship supplement of a particular amount in respect of residential care	subsection 44 - 31(1)
49	To specify a period or event at the end of which, or on the occurrence of which, a determination under section 44 - 31 will cease to be in force	subsection 44 - 31(3)
49AA	To revoke a determination that a care recipient is eligible for a hardship supplement in respect of residential care	subsection 44 - 32(1)
49A	To extend the period within which a variation of a claim for home care subsidy can be made	section 47 - 4A
49B	To refuse to extend the period within which a variation of a claim for home care subsidy can be made	section 47 - 4A
50	To determine that a judgement or settlement is to be treated as having taken into account the cost of providing home care	subsection 48 - 5(5)
51	To determine that a part of the compensation under a settlement is to be treated as relating to the future costs of providing home care	subsection 48 - 5(6)
52	To determine compensation payment reductions in respect of home care subsidy	subsection 48 - 6(4)
53	To refuse to make a determination that the care subsidy reduction is zero	subsection 48 - 8(2)
53A	To specify a period at the end of which a determination that the care subsidy reduction is zero ceases to be in force	subsection 48 - 8(3)
53B	To refuse to make a determination that a care recipient is eligible for a hardship supplement of a particular amount in respect of home care	subsection 48 - 11(1)
53C	To specify a period or event at the end of which, or on the occurrence of which, a determination under section 48 - 11 will cease to be in force	subsection 48 - 11(3)
53D	To revoke a determination that a care recipient is eligible for a hardship supplement in respect of home care	subsection 48 - 12(1)
53E	To refuse to approve a higher maximum amount of * accommodation payment than the maximum amount of accommodation payment determined by the Minister under section 52G - 3	subsection 52G - 4(5)
53F	To refuse to make a determination that paying an accommodation payment or accommodation contribution of more than a particular amount would cause financial hardship	subsection 52K - 1(1)
53G	To specify a period or event at the end of which, or on the occurrence of which, a determination under subsection 52K - 1(1) ceases to be in force	subsection 52K - 1(3)
53H	To revoke a determination that paying an accommodation payment or accommodation contribution would cause financial hardship	subsection 52K - 2(1)
56	To vary or revoke an allocation of a residential care grant	subsection 73 - 4(1)
57	To vary an allocation of a residential care grant	subsection 73 - 5(5)
58	To reject an application to vary an allocation of a residential care grant	subsection 73 - 5(5)
59	A decision under Principles made under section 96 - 1 that is specified in the Principles concerned to be a decision reviewable under this section	the provision specified in the Principles as the provision under which the decision is made