Aged Care Act 2024

This section applies if a request is made by an affected entity for a reviewable decision under subsection 559(1) to the decision‑maker for the decision to reconsider the decision.

The decision‑maker must, within 14 days after receiving the request, give the affected entity written notice that:

states that the request has been received; and

specifies the day the request was received; and

sets out the effect of section 565.

The decision‑maker must:

personally reconsider the reviewable decision; or

cause the reviewable decision to be reconsidered by a delegate of the decision‑maker who:

was not involved in making the decision; and

occupies a position that is at least the same level as that occupied by the person who made the decision.

The person who reconsiders the reviewable decision is the internal decision reviewer.

The internal decision reviewer must:

have due regard to procedural fairness; and

for reconsideration of a reviewable decision made under subsection 78(1) to establish a classification level for an individual for a classification type for a service group—consider:

any report of a classification assessment for the individual for the service group given to the System Governor under section 77; and

any information given to the System Governor as referred to in subparagraph 76(1)(a)(ii) or (b)(ii); and

within 90 days after receiving the request, reconsider the reviewable decision.

In reconsidering a decision made under subsection 78(1) or 83(1) for the classification type ongoing or short‑term for the service group residential care:

the System Governor must arrange a new classification assessment for the individual to be undertaken as if paragraph 75(1)(b) applies in relation to the individual; and

the internal decision reviewer must take that assessment into account before making a reconsideration decision.

If the individual cannot be assessed for the purposes of the reconsideration:

the internal decision reviewer must not make a reconsideration decision; and

the request for reconsideration of the decision is taken to be withdrawn.