Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p53
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 53/54)
Character Range: 170976–173841

recipient began.

26‑2  Appraisals not received within the appropriate period—care other than respite care
 (1) A classification of a care recipient under this Part (other than a classification in relation to care provided as *respite care) takes effect from the day an appraisal of the care recipient is received by the Secretary if the appraisal is received outside the period in paragraph 26‑1(a) or (b) (whichever is applicable).
 (2) However, if the Secretary is satisfied that the appraisal was sent in sufficient time to be received by the Secretary, in the ordinary course of events, within that period, the classification is taken to have had effect from the day the care recipient began being provided with the level of care specified in the appraisal.
Note: A decision that the Secretary is not satisfied an appraisal was sent in sufficient time is reviewable under Part 6.1.
 (3) In considering whether an appraisal received outside that period was sent in sufficient time, the Secretary may have regard to any information, relevant to that question, that the approved provider gives to the Secretary.
 (4) The Secretary must notify the approved provider, in writing, if the Secretary is not satisfied that the appraisal received outside that period was sent in sufficient time.

26‑3  When respite care classifications take effect
  A classification of a care recipient under this Part in relation to care provided as *respite care takes effect on a day specified in the Classification Principles.

Division 27—Expiry and renewal of classifications

27‑1  When do classifications cease to have effect?
 (1) A classification that has an *expiry date under section 27‑2 ceases to have effect on that date, unless it is renewed under section 27‑6.
 (2) A classification that does not have an *expiry date under section 27‑2 continues to have effect but may be renewed under section 27‑6 if a reappraisal is made under section 27‑4.
 (3) Despite subsections (1) and (2), a classification under this Part has no effect in relation to a day that is on or after the *transition day.

27‑2  Expiry dates and reappraisal periods
 (1) The following table sets out:
 (a) when a classification has an *expiry date; and
 (b) when that expiry date occurs; and
 (c) for the purposes of renewing the classification, the reappraisal period for the expiry date:

Expiry dates and reappraisal periods
Item                                  If this circumstance applies in relation to the care recipient ...                                                                                                                                                              the expiry date for the care recipient's classification is ...                                                                                           and the reappraisal period for that *expiry date is ...