Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 27.3

False, misleading or inaccurate information

  (1)   If:

  (a)   the Secretary is satisfied that an approved provider, or a person acting on an approved provider's behalf, gave false, misleading or inaccurate information in an appraisal or reappraisal connected with a classification reviewed under subsection   29 - 1(3); and

  (b)   the classification was changed under section   29 - 1;

the Secretary may give the approved provider a written notice requiring a reappraisal to be made of the level of care needed by one or more care recipients to whom the approved provider provides care.

Note:   See also section   25 - 4 (suspending approved providers from making appraisals and reappraisals) and Division   29A (civil penalty for incorrect classifications).

  (3)   The notice must specify a period for each care recipient within which the reappraisal of the level of care needed by the care recipient is to be made.

Significant decrease in care needs

  (3A)   The Secretary may give an approved provider a written notice requiring a reappraisal to be made of the level of care needed by a care recipient if:

  (a)   the approved provider provides care to the care recipient; and

  (b)   the Secretary reasonably suspects that the care needs of the care recipient have decreased significantly since the last appraisal under section   25 - 3, or reappraisal under section   27 - 4, of the level of care needed by the care recipient.

  (3B)   The Classification Principles may specify the circumstances in which the care needs of a care recipient are taken to decrease significantly.

  (3C)   The notice must specify a period within which the reappraisal is to be made.

Varying or revoking notice

  (4)   The Secretary may, at his or her own initiative or on application from the approved provider, give the approved provider a notice varying or revoking a notice under subsection   (1) or (3A). The Secretary may vary a notice more than once.

Authorised reappraisers

  (5)   The Secretary may, in writing, authorise a person or persons (other than the approved provider) to make the reappraisals required by the notice under subsection   (1) or (3A).

  (6)   The Secretary must inform the approved provider, in writing, of the name of a person who has been authorised under subsection   (5).