Document ID: chunk:federal_register_of_legislation:C2020A00147:clause:1_3:p1
Version: federal_register_of_legislation:C2020A00147
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/5)
Character Range: 2649–5573

3  After Part 2.4
Insert:

Part 2.4A—Classification of care recipients on Secretary's initiative

Division 29B—Introduction

29B‑1  What this Part is about
      On the Secretary's initiative, the Secretary may classify care recipients approved under Part 2.3 for residential care, or for some kinds of flexible care, according to the level of care they need. The effect of a classification under this Part is limited (see section 29F‑1).
Note: Care recipients who are approved under Part 2.3 for home care only are not classified under this Part.

Table of Divisions
29B Introduction
29C How are care recipients classified?
29D How are care recipients reclassified?
29E How are classifications changed?
29F Limited effect of classifications under this Part

29B‑2  The Classification Principles
  The classification of care recipients under this Part is also dealt with in the Classification Principles. The provisions of this Part indicate when a particular matter is or may be dealt with in these Principles.
Note: The Classification Principles are made by the Minister under section 96‑1.

Division 29C—How are care recipients classified?

29C‑1  Application of this Division
  This Division applies in relation to the following:
 (a) a care recipient who is approved under Part 2.3 for residential care;
 (b) a care recipient who is approved under Part 2.3 for flexible care and whose flexible care is of a kind specified in the Classification Principles.
Note: The Classification Principles may exclude a class of care recipients from classification under this Part—see section 29C‑6.

29C‑2  Classification of care recipients

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