Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p49
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 49/54)
Character Range: 160823–163555

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 recipient; and
 (b) must not be given to the Secretary during the period of 28 days starting on the day on which the approved provider began providing care to the care recipient.
 (2A) However, if the Classification Principles specify:
 (a) circumstances in which subsection (2) does not apply in relation to an appraisal; and
 (b) an alternative period during which the appraisal may be made in those circumstances;
the times when the appraisal may be made and given to the Secretary are to be determined in accordance with the Classification Principles.
 (3) The appraisal must be in a form approved by the Secretary, and must be made in accordance with the procedures (if any) specified in the Classification Principles.
 (3A) The Secretary may approve forms which must be used in the course of making an appraisal.
 (4) If a care recipient is being, or is to be, provided with care as *respite care, an assessment of the care recipient's care needs made under section 22‑4 is taken:
 (a) to be an appraisal of the level of care needed by the care recipient; and
 (b) to have been received by the Secretary under subsection 25‑1(1) as such an appraisal.
 (5) However, subsection (4) does not apply to the assessment 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.

25‑4  Suspending approved providers from making appraisals and reappraisals
 (1) The Secretary may suspend an approved provider from making appraisals under section 25‑3 and reappraisals under section 27‑4 at one or more *aged care services operated by the approved provider if:
 (a) the Secretary is satisfied that the approved provider, or a person acting on the approved provider's behalf, has not conducted an appraisal or reappraisal in a proper manner; or
 (b) both of the following apply:
 (i) the Secretary is satisfied that the approved provider, or a person acting on the approved provider's behalf, gave false, misleading or inaccurate information in an appraisal or reappraisal connected with a classification reviewed under subsection 29‑1(3);
 (ii) the classification was changed under section 29‑1.
Note 1: Suspensions of approved providers from making assessments are reviewable under Part 6.1.
Note 2: See also section 27‑3 (reappraisal required by Secretary) and Division 29A (civil penalty for incorrect classifications).
 (3) Before deciding to suspend an approved provider from making