Document ID: chunk:federal_register_of_legislation:C2007A00109:clause:1_7:p5
Version: federal_register_of_legislation:C2007A00109
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 5/5)
Character Range: 30992–32778

date (see subsection 27‑2(1));
the renewal of the classification takes effect from the day on which the reappraisal is received by the Secretary.

 (2) However, if the Secretary is satisfied that the reappraisal was sent in sufficient time to be received by the Secretary, in the ordinary course of events, within that period, the renewal is taken to have had effect from the *expiry date for the classification.

Note: A decision that the Secretary is not satisfied a reappraisal was sent in sufficient time is reviewable under Part 6.1.

 (3) In considering whether a reappraisal received after that period was sent in sufficient time, the Secretary may have regard to any information, relevant to that question, that the approved provider gives to the Secretary.

 (4) The Secretary must notify the approved provider, in writing, if the Secretary is not satisfied that a reappraisal received outside that period was sent in sufficient time.

 (5) Subsections (2), (3) and (4) do not apply if the Secretary has given a notice under section 27‑3 requiring the reappraisal 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.