Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 85.5

Request for reconsideration of reviewable decision

  (1)   A person whose interests are affected by a * reviewable decision (other than a reviewable decision under Division   35 or section   52G - 4) may request the Secretary to reconsider the decision.

  (1A)   A person whose interests are affected by a * reviewable decision under Division   35 or section   52G - 4 may request the * Pricing Authority to reconsider the decision.

  (3)   The person's request must be made by written notice:

  (a)   for a request that relates to a reviewable decision other than a reviewable decision under Division   35 or section   52G - 4--given to the Secretary:

  (i)   within 28 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; or

  (ii)   if the decision is a decision under section   44 - 24 to make a determination under subsection   44 - 24(1) or paragraph   44 - 24(2)(b), (3)(b), (3A)(b) or (4)(b)--within 90 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; or

  (b)   for a request that relates to a reviewable decision under Division   35 or section   52G - 4--given to the * Pricing Authority within 28 days, or such longer period as the Pricing Authority allows, after the day on which the person first received notice of the decision.

  (4)   The notice must set out the reasons for making the request.

  (4A)   The person's request must comply with section   85 - 6 (application fee) if the * reviewable decision was made under subsection   29 - 1(1), 29C - 2(1), 29D - 1(1) or 29E - 1(1) (which deal with decisions relating to the classification of a care recipient).

Reconsideration of reviewable decision

  (5)   After receiving the request, the Secretary or the * Pricing Authority must reconsider the decision and must, subject to paragraph   (5B)(b):

  (a)   confirm the decision; or

  (b)   vary the decision; or

  (c)   set the decision aside and substitute a new decision.

  (5A)   In reconsidering a decision made under subsection   29C - 2(1), 29D - 1(1) or 29E - 1(1):

  (a)   the level of care needed by the relevant care recipient, relative to the needs of other care recipients, must be assessed under section   29C - 3; and

  (b)   the Secretary must take that assessment into account before making a decision under subsection   (5) of this section.

  (5B)   If the relevant care recipient cannot be assessed for the purposes of the reconsideration:

  (a)   the request is taken to be withdrawn; and

  (b)   the Secretary must not make a decision under subsection   (5).

  (6)   The decision of the Secretary or the * Pricing Authority (the decision on review ) to confirm, vary or set aside the decision takes effect:

  (a)   on the day specified in the decision on review; or

  (b)   if a day is not specified--on the day on which the decision on review was made.

  (7)   The Secretary or the * Pricing Authority is taken, for the purposes of this Part, to have confirmed the decision if the Secretary or the Pricing Authority does not give notice of a decision to the person within 90 days after receiving the person's request.

Note:   Section   266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.

  (8)   If a committee has been established under section   96 - 3 and a function of the committee is to provide advice to the Secretary or the * Pricing Authority in relation to the reconsideration of a particular kind of * reviewable decision, the Secretary or the Pricing Authority:

  (a)   may refer a reviewable decision of that kind to the committee for advice; and

  (b)   must, in reconsidering the decision, take account of any advice of the committee in relation to the decision.