Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p48
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 48/54)
Character Range: 158220–161026

matters specified in the Classification Principles.
 (3A) Without limiting paragraph (3)(c), the Classification Principles may require the Secretary to take into account (including as part of a method or procedure specified for the purposes of subsection (2)) specified matters relating to care provided, or to be provided, to the 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.
 (4) If there is no classification of the care recipient, the care recipient is taken to be classified at the *lowest applicable classification level under the Classification Principles (see subsection 25‑2(3)).
 (5) The Classification Principles may exclude a class of care recipients from classification under this Part. A care recipient who is in such a class cannot be classified under this Part for the period specified in the Classification Principles in relation to that class.

25‑2  Classification levels
 (1) The Classification Principles may set out the *classification levels for care recipients being provided with residential care or flexible care.
 (2) The Classification Principles may provide for any of the following:
 (a) for only some of the *classification levels to be available when care is provided as *respite care;
 (b) for different classification levels to apply when residential care is provided as respite care;
 (c) for different classification levels to apply in respect of flexible care.
 (3) The Classification Principles may specify the *lowest applicable classification level. They may provide that a different level is the lowest applicable classification level when care is provided as *respite care.
 (4) The Classification Principles may specify the criteria, in respect of each *classification level, for determining which level applies to a care recipient.

25‑3  Appraisals of the level of care needed
 (1) An appraisal of the level of care needed by a care recipient, relative to the needs of other care recipients, must be made by:
 (a) the approved provider that is providing care to the care recipient, or a person acting on the approved provider's behalf; or
 (b) if a person has been authorised under section 25‑5 to make those appraisals—that person.
However, this subsection does not apply if the care recipient is being provided with care as *respite care.
 (1A) However, the appraisal must not be made if the classification of the care recipient that would be made under subsection 25‑1(1) would take effect, or would be taken to have had effect, from or on a day that is on or after the *transition day.
 (2) The appraisal:
 (a) must not be made during the period of 7 days starting on the day on which the approved provider began providing care to the care