Document ID: chunk:federal_register_of_legislation:C2007A00109:clause:1_7:p4
Version: federal_register_of_legislation:C2007A00109
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 4/5)
Character Range: 28385–31237

forms which must be used in the course of making a reappraisal.

27‑6  Renewal of classifications

 (1) The Secretary may renew the classification of a care recipient (other than a classification to which item 1 or 7 of the table in subsection 27‑2(1) applies) if:
 (a) the Secretary receives a reappraisal of the level of care needed by the care recipient; and
 (b) either:
 (i) the reappraisal is made in respect of an expiry date for the classification; or
 (ii) the reappraisal is made under section 27‑4.

Note: Refusals to renew the classifications of care recipients are reviewable under Part 6.1.

 (2) The renewal of the classification must specify the appropriate *classification level for the care recipient. The Classification Principles may specify methods or procedures that the Secretary must follow in determining the appropriate classification level for the care recipient.

 (3) In renewing the classification, the Secretary must take into account:
 (a) the reappraisal made in respect of the care recipient; and
 (b) any other matters specified in the Classification Principles.

27‑7  Date of effect of renewal of classification that has an expiry date—reappraisal received during reappraisal period

 (1) This section applies 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 during the reappraisal period for the expiry date (see subsection 27‑2(1)).

 (2) The renewal of the classification takes effect from the *expiry date for the classification.

 (3) Despite subsection (2), if the *expiry date for the classification occurs:
 (a) while the care recipient is on *leave from a residential care service; or
 (b) within one month after a residential care service began providing residential care to the care recipient after that leave ended;
the renewal of the classification takes effect from the day on which the care recipient next began receiving residential care after that leave ended.

 (4) Despite subsections (2) and (3), if the Secretary has given a notice under section 27‑3 requiring the reappraisal to be made, the renewal of the classification takes effect from the day on which the reappraisal is received by the Secretary.

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