Schedule 1 Amendments

(section 3)

[1] Subsection 9.19 (2)

substitute

(2) If a person’s approval as a care recipient is limited to a low level of residential care under subsection 22-2 (3) of the Act (other than a care recipient to whom subsection (2A) applies) the Secretary must classify the care recipient at classification level 5, 6, 7 or 8.

(2A) This subsection applies to a care recipient to whom residential care is provided if:

(a) the care recipient’s classification has not ceased to have effect under section 27-2 of the Act; and

(b) the classification is being renewed following a reappraisal under section 28-2 of the Act; and

Note A care recipient to whom subsection (2A) applies may be classified at any classification level — see section 9.31.

[2] Part 9, Division 1

substitute

Division 1 Matters to be taken into account in renewing a classification

9.30 Purpose of Division (Act s 28-1)

This Division specifies matters that the Secretary must take into account in renewing the classification of a care recipient following a reappraisal of the level of care needed by the care recipient.

9.31 Renewing a classification at a higher level of care

(1) A care recipient whose approval is limited under subsection 22-2 (3) of the Act to a low level of residential care (other than a care recipient to whom subsection (2) applies) must not be classified at a high level of residential care.

(2) This subsection applies to a care recipient to whom residential care is provided if:

(a) the care recipient’s classification has not ceased to have effect under section 27-2 of the Act; and

(b) the renewed classification will have effect on or after 1 July 2004.

[3] Part 9, Division 2, heading

substitute

Division 2 Reappraisal of the level of care needed

[4] Section 9.32

substitute

9.32 Purpose of Division (Act s 28-2)

This Division specifies matters relating to a reappraisal of the level of care needed by a care recipient, and the circumstances in which the care needs of a care recipient are taken to have changed significantly.

9.32A Records to be used in reappraisal

A reappraisal may be made using existing records about the care recipient’s needs for care, assistance and support for the matters mentioned in Part 1 of Schedule 1.