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

1

To reject an application for approval as an approved provider

subsection 8-1(1)

3

To revoke an approval as a provider of * aged care

subsection 10-3(1)

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)

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) 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)

54

To impose a sanction on an approved provider

section 65-1

55

To refuse to lift a sanction

section 68-3

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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