Document ID: chunk:federal_register_of_legislation:C2020A00147:clause:1_3:p3
Version: federal_register_of_legislation:C2020A00147
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 3/5)
Character Range: 7936–10801

Part for *non‑respite care, may both be in effect at the same time.

29C‑5  Classification levels
 (1) The Classification Principles may set out the *classification levels for classifications of care recipients under this Part.
 (2) Without limiting subsection (1), the Classification Principles may set out different *classification levels for classifications for *respite care and classifications for *non‑respite care.
 (3) The Classification Principles may specify the criteria, in respect of each *classification level, for determining which level applies to a care recipient.

29C‑6  Exclusion of classes of care recipients
 (1) 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.
 (2) A classification of a care recipient under this Part does not cease merely because, under subsection (1), the care recipient becomes excluded from classification under this Part.

29C‑7  Classifications of persons who cease to be care recipients
 (1) A classification of a person under this Part is not in effect if the person has ceased to be a care recipient in relation to whom this Division applies (see section 29C‑1).
 (2) However, if the person becomes such a care recipient again at a time, the classification continues from that time.

29C‑8  Use of computer programs to make decisions
 (1) The Secretary may arrange for the use, under the Secretary's control, of computer programs for making decisions on the classification of care recipients under section 29C‑2.
 (2) A decision made by the operation of a computer program under such an arrangement is taken to be a decision made by the Secretary.
 (3) The Secretary may, under section 29C‑2, substitute a decision for a decision the Secretary is taken to have made under subsection (2) if the Secretary is satisfied that the decision made by the operation of the computer program is incorrect.
 (4) Subsection (3) does not limit any other provision of this Act that provides for the review or reconsideration of a decision.

Division 29D—How are care recipients reclassified?

29D‑1  Reclassification of care recipients
 (1) The Secretary may reclassify a care recipient under section 29C‑2 for *respite care or *non‑respite care if an approved provider that is providing that kind of care to the care recipient requests, in writing, that the Secretary reclassify the care recipient.
Note: A decision not to reclassify a care recipient is reviewable under Part 6.1.
 (2) The Secretary must not reclassify the care recipient unless the Secretary is satisfied that the care needs of the care recipient have changed significantly.
Note: The Secretary may assess the care needs of the care recipient