Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p6
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 6/61)
Character Range: 194322–197281

to be made.

27‑9  Date of effect of renewal—reappraisals at initiative of approved provider
  If:
 (a) a reappraisal of the level of care needed by the care recipient is made under section 27‑4; and
 (b) if there is an *expiry date for the care recipient's classification—the reappraisal is received by the Secretary before the start of the reappraisal period in respect of that expiry date;
the renewal of the classification takes effect:
 (c) if the reappraisal is made under subsection 27‑4(2), (3) or (6)—from the day on which the reappraisal is received by the Secretary; or
 (d) if the reappraisal is made under subsection 27‑4(5)—from the day on which the care recipient *entered the *aged care service.

Division 29—How are classifications changed?

29‑1  Changing classifications
 (1) The Secretary must change a classification made under this Part if the Secretary is satisfied that:
 (a) the classification was based on an incorrect or inaccurate appraisal under section 25‑3 or reappraisal under section 27‑5; or
 (b) the classification was, for any other reason, incorrect.
Note: Changes of classifications are reviewable under Part 6.1.
 (2) A classification cannot be changed in any other circumstances, except when classifications are renewed under section 27‑6.
 (3) Before changing a classification under subsection (1), the Secretary must review it, having regard to:
 (a) any material on which the classification was based that the Secretary considers relevant; and
 (b) any matters specified in the Classification Principles as matters to which the Secretary must have regard; and
 (c) any other material or information that the Secretary considers relevant (including material or information that has become available since the classification was made).
 (4) If the Secretary changes the classification under subsection (1), the Secretary must give written notice of the change to the approved provider that is providing care to the care recipient.

29‑2  Date of effect of change
  A change of a classification under subsection 29‑1(1) is taken to have had effect from the day on which the classification took effect.

Division 29A—Civil penalty for incorrect classifications

29A‑1  Warning notices
 (1) The Secretary may notify an approved provider in writing if the Secretary:
 (a) reasonably suspects that the approved provider, or a person acting on the approved provider's behalf, gave false or misleading information in an appraisal or reappraisal connected with a classification reviewed under subsection 29‑1(3); and
 (b) changes the classification under section 29‑1.
Note: See also sections 25‑4 (suspending approved providers from making appraisals and reappraisals) and 27‑3 (reappraisal required by Secretary).
 (2) The Secretary may also notify an approved provider in writing if:
 (a) the approved provider makes 2 or more of any of the following:
 (i) an appraisal under section 25‑3;
 (ii) a reappraisal under section