Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p46
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 46/54)
Character Range: 153068–155856

a person, the Secretary may also consider whether there are exceptional circumstances that justify making the determination.
 (6) A determination under subsection (1) not a legislative instrument.

23B‑2  Variation of level of care in relation to which a person is a prioritised home care recipient
 (1) The Secretary may, by written notice given to a person who is a *prioritised home care recipient, vary the determination made under subsection 23B‑1(1) in relation to the person to increase the person's level of care as a prioritised home care recipient.
 (2) If the approval of the person as a recipient of home care is limited under subsection 22‑2(3) to one or more levels of care, the level of care as varied under subsection (1) of this section may be different from, but must not be higher than, the highest level of care in relation to which the approval is limited under subsection 22‑2(3).
 (3) The variation takes effect on the day the variation is made.
 (4) Before deciding to vary a determination under subsection (1), the Secretary must consider the following:
 (a) the period of time since:
 (i) the day the person was approved under Part 2.3 as a recipient of home care; or
 (ii) if the Prioritised Home Care Recipients Principles specify a later day—that day;
 (b) the person's priority for home care services determined under section 22‑2A;
 (c) any other matters specified in the Prioritised Home Care Recipients Principles.
 (5) Before deciding to vary a determination under subsection (1), the Secretary may also consider whether there are exceptional circumstances that justify varying the determination.

23B‑3  Cessation of determinations
  A determination that a person is a *prioritised home care recipient ceases to have effect if:
 (a) the person dies; or
 (b) the person's approval as a recipient of home care ceases to have effect; or
 (c) the person is not provided with home care within the period specified in the Prioritised Home Care Recipients Principles; or
 (d) the person ceases, in the circumstances specified in the Prioritised Home Care Recipients Principles, to be provided with home care.

23B‑4  Use of computer programs to make decisions
 (1) The Secretary may arrange for the use, under the Secretary's control, of computer programs for making decisions on the making or varying of determinations under this Division.
 (2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.
 (3) The Secretary may substitute a decision for a decision (the initial decision) made by the operation of a computer program under an arrangement under subsection (1) if the Secretary is satisfied that the initial decision is incorrect.

Part 2.4—Classification