Document ID: chunk:federal_register_of_legislation:C2021C00522:clause:8_2
Version: federal_register_of_legislation:C2021C00522
Segment Type: clause
Provision Reference: sch 8 cl 2
Character Range: 51668–53807

2  Validation of Classification Principles
(1) This item applies to a thing purportedly done under the Aged Care Act 1997 at any time before the commencement of this item, to the extent that the thing purportedly done would, apart from this item, be invalid because the Classifications Principles required the Secretary to take into account a matter relating to care provided, or to be provided, to a care recipient, including:
 (a) the manner in which the care was, is or is to be provided; or
 (b) the qualifications of any person involved in providing the care.
(2) The thing purportedly done is as valid and effective, and is taken always to have been as valid and effective, as it would have been had subsection 25‑1(3A) of that Act, as amended by this Part, been in force.
(3) All persons are, by force of this subitem, declared to be, and always to have been, entitled to act on the basis that the thing purportedly done is valid and effective.
(4) This item does not affect rights or liabilities of parties to proceedings for which leave to appeal to the High Court of Australia has been given on or before the day this item commences, if the fact that the Classification Principles required the Secretary to take into account the matter is in issue in the proceedings.
(5) Subject to subitem (4), subitems (1), (2) and (3) have effect in relation to:
 (a) proceedings (whether original or appellate) that begin on or after the commencement of this item; and
 (b) proceedings (whether original or appellate) that began before that commencement, being proceedings that had not been finally determined as at that commencement.
(6) To avoid doubt, a reference in this item to the Classification Principles includes a reference to a provision of the Classification Principles applying, adopting or incorporating any matter contained in any other instrument or writing.
(7) This item does not apply to the extent (if any) to which its operation would result in the acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).