Aged Care Act 2024

The System Governor must establish a classification level for an individual for a classification type for a service group in accordance with any criteria, methods or procedures prescribed by the rules for the purposes of section 81, if:

the System Governor is given a report of a classification assessment for the individual for the classification type for the service group under section 77; or

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

the System Governor makes an access decision for an individual under section 65 to approve a classification type for a service group for which the classification assessment will be undertaken in accordance with subsection 75(2).

A decision required under paragraph (1)(c) is an initial decision made for the individual until the classification assessment can be undertaken and another classification decision is made under paragraph (1)(a) for the individual.

If subsection 77(3) applies in relation to an individual and a service group, the System Governor is taken to have established under subsection (1) the classification level for the individual for the classification type for the service group that is prescribed for the classification type for the service group by rules made for the purposes of subsection 81(1).

Despite subsection (1), the System Governor is not required to make a decision under that subsection in relation to a classification type for a service group if the System Governor decides not to approve, under subsection 65(2), the classification type for the service group for the individual.

The System Governor must make a decision under subsection (1) within the period prescribed by the rules.