Document ID: chunk:federal_register_of_legislation:C2024A00104:section:75:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 75 (pt 1/2)
Character Range: 173914–176919

75  Classification assessments
 (1) A classification assessment for the purposes of determining a classification level for a classification type for a service group for an individual must be undertaken if:
 (a) during an aged care needs assessment for the individual under section 62, the approved needs assessor considers the classification type for the service group should be approved for the individual under subsection 65(2); or
 (b) an application for a classification reassessment for the classification type for the service group is made by the individual, or a registered provider on behalf of the individual, under section 82.
Note 1: Paragraph (a) also applies if a further aged care needs assessment is undertaken in accordance with paragraph 64(2)(a) (which deals with reassessments).
Note 2: A classification reassessment is also undertaken if a classification decision for an individual is reconsidered under section 560 or 562.
 (2) Despite paragraph (1)(a), a classification assessment must be undertaken in accordance with subsection (3) if the approved needs assessor during the aged care needs assessment for the individual considers:
 (a) the individual's access approval should include the classification type ongoing for the service group residential care; or
 (b) both of the following apply:
 (i) the individual's access approval should include the short‑term classification type for the service group residential care;
 (ii) it is not reasonably practicable to undertake the classification assessment for that classification type for that service group at the same time as the aged care needs assessment.
Note: An initial classification decision is made for the individual until the classification assessment can be undertaken: see paragraph 78(1)(c).
 (3) The classification assessment must be instead undertaken at a time after the aged care needs assessment if a registered provider has given the System Governor a start notification for delivering funded aged care services to the individual under that classification type at an approved residential care home of the registered provider.
 (4) A classification assessment required under paragraph (1)(b) or subsection (2) must be arranged by the System Governor.
 (5) Despite paragraph (1)(b) or subsection (2), a classification assessment otherwise required under that paragraph or subsection in relation to an individual for a classification type for a service group is not required to be undertaken if:
 (a) circumstances prescribed by the rules apply; or
 (b) the individual's access approval for the classification type for the service group is revoked; or
 (c) if the classification assessment is for the classification type ongoing for the service group residential care—either of the following apply:
 (i) a cessation notification for the individual is given to the System Governor by the registered provider referred to in subsection (3) or subsection 82(2);
 (ii) a start notification is given to the System Governor