Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p47
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 47/54)
Character Range: 155594–158506

(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 of care recipients before the transition day

Division 24—Introduction

24‑1  What this Part is about
      Care recipients approved under Part 2.3 for residential care, or for some kinds of flexible care, are classified according to the level of care they need. The classifications may affect the amounts of *residential care subsidy or *flexible care subsidy payable to approved providers for providing care on a day before the *transition day.
Note: Care recipients who are approved under Part 2.3 for home care only are not classified under this Part.

Table of Divisions
24 Introduction
25 How are care recipients classified?
26 When do classifications take effect?
27 Expiry and renewal of classifications
29 How are classifications changed?
29A Civil penalty for incorrect classifications

24‑2  The Classification Principles
  The classification of care recipients 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 25—How are care recipients classified?

25‑1  Classification of care recipients
 (1) If the Secretary receives an appraisal under section 25‑3 in respect of:
 (a) a care recipient who is approved under Part 2.3 for residential care; or
 (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;
the Secretary must classify the care recipient according to the level of care the care recipient needs, relative to the needs of other care recipients.
 (1A) However, the Secretary is not required to classify the care recipient if the classification would take effect, or would be taken to have had effect, from or on a day that is on or after the *transition day.
 (2) The classification must specify the appropriate *classification level for the care recipient (see section 25‑2). 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 classifying the care recipient, the Secretary:
 (a) must take into account the appraisal made in respect of the care recipient under section 25‑3; and
 (c) must take into account any other matters specified in the Classification Principles.
 (3A) Without limiting paragraph (3)(c), the Classification Principles may require the Secretary to take into account (including as part of a method or procedure specified for the purposes of subsection (2)) specified matters relating