Document ID: chunk:federal_register_of_legislation:C2007A00109:clause:1_54
Version: federal_register_of_legislation:C2007A00109
Segment Type: clause
Provision Reference: sch 1 cl 54
Character Range: 41055–43473

54  Reappraisals of level of care needed by care recipients

Application

(1) This item applies in relation to a care recipient in respect of whom an appraisal was made under section 25‑3, or a reappraisal was made under section 28‑2, of the Aged Care Act 1997 as in force immediately before the commencement of this Schedule.

(2) Subject to the modifications set out in subitems (3), (4) and (5), Divisions 27 and 28 of the Aged Care Act 1997, as in force immediately before the commencement of this Schedule, and Classification Principles made for the purposes of those Divisions, continue to apply in relation to the care recipient until the care recipient's classification is renewed under Division 28 of that Act as it applies because of this subitem.

(3) The following provisions of the Aged Care Act 1997, as in force after the commencement of this Schedule, and Classification Principles made for the purposes of those provisions, apply from that commencement in relation to the care recipient:
 (a) section 27‑3 (reappraisal required by Secretary);
 (b) Division 27, to the extent to which it applies to notices given under section 27‑3;
 (c) section 27‑5 (requirements for reappraisals), instead of repealed subsections 28‑2(1) to (3) and Classification Principles made for the purposes of those repealed subsections;
 (d) subsections 27‑6(2) and (3) (renewal of classifications), instead of repealed subsections 28‑1(2) and (3) and Classification Principles made for the purposes of those repealed subsections.

Extended reappraisal period for classifications

(4) Paragraph 28‑3(1)(a) of the Aged Care Act 1997, as it applies because of subitem (2), applies in relation to a classification whose expiry date occurs during the period of one month beginning on the commencement of this Schedule, as if the period mentioned in that paragraph ended 2 months after the expiry date of the classification.

(5) Subsection 28‑3(2) of the Aged Care Act 1997, as it applies because of subitem (2), applies in relation to a classification of a care recipient to whom the provision of residential care recommences during the period of one month beginning on the commencement of this Schedule, as if the reappraisal period specified in that subsection were the period of 3 months beginning on the day on which the provision of residential care to the care recipient through the residential care service recommenced.