Document ID: chunk:federal_register_of_legislation:C2020A00147:clause:1_3:p4
Version: federal_register_of_legislation:C2020A00147
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 4/5)
Character Range: 10556–13519

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 for the purposes of deciding whether to reclassify the care recipient—see paragraph 29C‑3(1)(b).
 (3) For the purposes of subsection (2), the Classification Principles may specify the circumstances in which the care needs of the care recipient are taken to have changed significantly.
 (4) If the Secretary decides not to reclassify the care recipient, the Secretary must notify the care recipient and the approved provider of the decision in writing.
Note: For notice requirements if the Secretary decides to reclassify the care recipient, see subsection 29C‑2(5).

Division 29E—How are classifications changed?

29E‑1  Changing classifications
 (1) The Secretary must change a classification of a care recipient under this Part if the Secretary is satisfied that:
 (a) the assessment of the level of care needed by the care recipient, relative to the needs of other care recipients, that was made for the purposes of the classification (see section 29C‑3) was incorrect or inaccurate; or
 (b) the classification was, for any other reason, incorrect.
Note: Changes of classifications are reviewable under Part 6.1.
 (2) The classification cannot be changed under this section in any other circumstances.
Note: The Secretary may reclassify the care recipient in certain circumstances—see section 29D‑1.
 (3) Before changing the classification, the Secretary must review it, having regard to:
 (a) any material on which the classification was based that the Secretary considers relevant; and
 (b) any matters specified in the Classification Principles as matters to which the Secretary must have regard; and
 (c) any other material or information that the Secretary considers relevant (including material or information that has become available since the classification was made).
 (4) If the Secretary changes the classification:
 (a) the change takes effect on the same day that the classification took effect (see subsection 29C‑2(6)); and
 (b) the Secretary must notify the care recipient, and any approved provider that is providing care to the care recipient, in writing, of the change.

Division 29F—Limited effect of classifications under this Part

29F‑1  Limited effect of classifications under this Part

Application of this section
 (1) This section applies to:
 (a) a classification of a care recipient under this Part; and
 (b) a *classification level to which a care recipient has been classified under this Part.

Effect of classifications
 (2) Unless expressly provided otherwise, the classification or *classification level does not have effect, and is not to be treated as a classification or classification level of the care recipient, for the purposes of the following:
 (a) this Act, other than: