Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p9
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 9/61)
Character Range: 202397–205304

there is no classification of the care recipient for the relevant kind of care under this Part; or
 (b) the Secretary decides to reclassify the care recipient for the relevant kind of care under this Part (see section 29D‑1).
Note: Classifications are reviewable under Part 6.1.
 (2) However, the Secretary must not classify the care recipient unless the level of care needed by the care recipient, relative to the needs of other care recipients, has been assessed under section 29C‑3 for the purposes of making the classification.

Requirements for classification
 (3) The classification must specify the appropriate *classification level for the care recipient for the relevant kind of care (see section 29C‑5). The Classification Principles may specify methods or procedures that the Secretary must follow in determining the appropriate classification level for the care recipient.
 (4) In classifying the care recipient, the Secretary must take into account:
 (a) the assessment of the care needs of the care recipient mentioned in subsection (2); and
 (b) any other matters specified in the Classification Principles.

Notice of classification
 (5) The Secretary must notify the care recipient, and any approved provider that is providing care to the care recipient, of the following in writing:
 (a) whether the classification is for *respite care or *non‑respite care;
 (b) the classification of the care recipient;
 (c) the day the classification takes effect;
 (d) if the classification of the care recipient is a reclassification (see section 29D‑1)—that it is a reclassification.

When classification takes effect
 (6) The classification takes effect on the day specified in the Classification Principles.
 (7) For the purposes of subsection (6), the Classification Principles may specify a day before the classification was made, so long as the day is not before the commencement of this Part.

29C‑3  Secretary may assess care recipient
 (1) If a care recipient is being provided, or was provided, with *respite care or *non‑respite care (the relevant kind of care), the Secretary may assess the level of care needed by the care recipient, relative to the needs of other care recipients, for the following purposes:
 (a) classifying (including reclassifying) the care recipient under this Part for the relevant kind of care;
 (b) deciding whether to reclassify the care recipient under this Part for the relevant kind of care (see section 29D‑1);
 (c) reconsidering, under section 85‑4 or 85‑5, a decision made under subsection 29C‑2(1), 29D‑1(1) or 29E‑1(1).
 (2) The Classification Principles may specify:
 (a) where the Secretary may or must make the assessment; and
 (b) the procedures that the Secretary must follow in making the assessment.
 (3) If the approval of a care recipient under Part 2.3 covers the provision of *respite care and the circumstances specified in the Classification