Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the Secretary receives an appraisal under section 25 - 3 in respect of:
(a) a care recipient who is approved under Part 2.3 for residential care; or
(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;
the Secretary must classify the care recipient according to the level of care the care recipient needs, relative to the needs of other care recipients.
(1A) However, the Secretary is not required to classify the care recipient if the classification would take effect, or would be taken to have had effect, from or on a day that is on or after the * transition day.
(2) The classification must specify the appropriate * classification level for the care recipient (see section 25 - 2). The Classification Principles may specify methods or procedures that the Secretary must follow in determining the appropriate classification level for the care recipient.
(3) In classifying the care recipient, the Secretary:
(a) must take into account the appraisal made in respect of the care recipient under section 25 - 3; and
(c) must take into account any other matters specified in the Classification Principles.
(3A) Without limiting paragraph (3)(c), the Classification Principles may require the Secretary to take into account (including as part of a method or procedure specified for the purposes of subsection (2)) specified matters relating to care provided, or to be provided, to the care recipient, including:
(a) the manner in which the care was, is or is to be provided; or
(b) the qualifications of any person involved in providing the care.
(4) If there is no classification of the care recipient, the care recipient is taken to be classified at the * lowest applicable classification level under the Classification Principles (see subsection 25 - 2(3)).
(5) The Classification Principles may exclude a class of care recipients from classification under this Part. A care recipient who is in such a class cannot be classified under this Part for the period specified in the Classification Principles in relation to that class.