Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p11
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 11/61)
Character Range: 207656–210517

an arrangement is taken to be a decision made by the Secretary.
 (3) The Secretary may, under section 29C‑2, substitute a decision for a decision the Secretary is taken to have made under subsection (2) if the Secretary is satisfied that the decision made by the operation of the computer program is incorrect.
 (4) Subsection (3) does not limit any other provision of this Act that provides for the review or reconsideration of a decision.

Division 29D—How are care recipients reclassified?

29D‑1  Reclassification of care recipients
 (1) The Secretary may reclassify a care recipient under section 29C‑2 for *respite care or *non‑respite care if the care recipient, or an approved provider that is providing that kind of care to the care recipient, requests that the Secretary reclassify the care recipient.
Note: A decision not to reclassify a care recipient is reviewable under Part 6.1.
 (1A) The request must:
 (a) if made by the approved provider—be made in writing; and
 (b) if made by the care recipient—be made orally or in writing; and
 (c) be accompanied by the application fee (if any) specified in, or worked out in accordance with, the Classification Principles.
 (1B) The amount of the fee must not be such as to amount to taxation.
 (2) The Secretary must not reclassify the care recipient unless the Secretary is satisfied that the care needs of the care recipient have changed significantly.
Note: The Secretary may assess the care needs of the care recipient for the purposes of deciding whether to reclassify the care recipient—see paragraph 29C‑3(1)(b).
 (3) For the purposes of subsection (2), the Classification Principles may specify the circumstances in which the care needs of the care recipient are taken to have changed significantly.
 (4) If the Secretary decides not to reclassify the care recipient, the Secretary must notify the care recipient and the approved provider of the decision in writing.
Note: For notice requirements if the Secretary decides to reclassify the care recipient, see subsection 29C‑2(5).

Division 29E—How are classifications changed?

29E‑1  Changing classifications
 (1) The Secretary must change a classification of a care recipient under this Part if the Secretary is satisfied that:
 (a) the assessment of the level of care needed by the care recipient, relative to the needs of other care recipients, that was made for the purposes of the classification (see section 29C‑3) was incorrect or inaccurate; or
 (b) the classification was, for any other reason, incorrect.
Note: Changes of classifications are reviewable under Part 6.1.
 (2) The classification cannot be changed under this section in any other circumstances.
Note: The Secretary may reclassify the care recipient in certain circumstances—see section 29D‑1.
 (3) Before changing the classification, the Secretary must review it, having