Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p8
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 8/61)
Character Range: 199707–202628

penalty units.
 (3) To avoid doubt, the approved provider may be liable to a separate civil penalty under subsection (1) or (2) for each classification the Secretary changes under section 29‑1 during the warning period.

29A‑3  When changes are significant
  In determining, for the purposes of paragraph 29A‑1(2)(c) or subparagraph 29A‑2(2)(b)(v), whether changes, taken together, are significant, regard must be had to the following matters:
 (a) the number of classifications changed, relative to the number of care recipients to whom the approved provider provides care;
 (b) the significance of each change;
 (c) the frequency of the incorrect or inaccurate appraisals and reappraisals that led to the changes;
 (d) any other matters specified by the Classification Principles.

Part 2.4A—Classification of care recipients on or after the transition day

Division 29B—Introduction

29B‑1  What this Part is about
      The Secretary may classify care recipients approved under Part 2.3 for residential care, or for some kinds of flexible care, according to the level of care they need. The classifications affect the amount of *residential care subsidy, or *flexible care subsidy, payable to approved providers for providing that kind of care on or after the *transition day.
Note: Care recipients who are approved under Part 2.3 for home care only are not classified under this Part.

Table of Divisions
29B Introduction
29C How are care recipients classified?
29D How are care recipients reclassified?
29E How are classifications changed?

29B‑2  The Classification Principles
  The classification of care recipients under this Part is also dealt with in the Classification Principles. The provisions of this Part indicate when a particular matter is or may be dealt with in these Principles.
Note: The Classification Principles are made by the Minister under section 96‑1.

Division 29C—How are care recipients classified?

29C‑1  Application of this Division
  This Division applies in relation to the following:
 (a) a care recipient who is approved under Part 2.3 for residential care;
 (b) a care recipient who is approved under Part 2.3 for flexible care and whose flexible care is of a kind specified in the Classification Principles.
Note: The Classification Principles may exclude a class of care recipients from classification under this Part—see section 29C‑6.

29C‑2  Classification of care recipients

How care recipients may be classified
 (1) The Secretary may classify a care recipient for *respite care or *non‑respite care (the relevant kind of care) according to the level of care the care recipient needs, relative to the needs of other care recipients, if:
 (a) there is no classification of the care recipient for the relevant kind of care under this Part; or
 (b) the Secretary decides to reclassify the care recipient for the relevant kind of care under this Part (see section 29D‑1).
Note: