Classification Amendment Principles 2005 (No. 1)

Classification Amendment Principles 2005 (No. 1)

as amended

made under subsection 96‑1 (1) of the

Aged Care Act 1997

This compilation was prepared on 26 August 2005

[This instrument was amended by Classification Amendment Principles 2005 (No. 2), see F2005L02358]

Amendment from 2005 No. 2
[Schedule 1 (item 1) repeals item [3] of Schedule 1
Schedule 1 (item 1) commenced on 24 June 2005]

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

1 Name of Principles

  These Principles are the Classification Amendment Principles 2005 (No. 1).

2 Commencement

  These Principles commence on the day that they are registered.

3 Amendment of Classification Principles 1997

  Schedule 1 amends the Classification Principles 1997.

Schedule 1 Amendments

(section 3)

[1] Section 9.3, after definition of low level of care

insert

transition care has the meaning given by section 15.28 of the Flexible Care Subsidy Principles 1997.

[2] Section 9.29A

omit

extended hospital leave.

insert

extended hospital leave (other than extended hospital leave that is followed immediately by leave as provided by subsection 42-2 (3A) of the Act).

[4] Section 9.29B, at the foot

insert

Note   The expiry date for the classification of a care recipient who is on leave from a residential care service for a continuous period of at least 30 days, first as provided by subsection 42‑2 (2) of the Act, and later as provided by subsection 42‑2 (3A) of the Act, is specified in Division 4 of this Part.

[5] After section 9.29B

insert

Division 4 Expiry date for classification of care recipient — leave for hospital treatment followed by transition care

9.29D Expiry date for a classification of a care recipient — leave for hospital treatment followed by transition care

 (1) If:

 (a) a care recipient is on leave from a residential care service, under section 42-2 of the Act, for a continuous period of at least 30 days:

 (i) initially — as provided by subsection 42-2 (2) of the Act; and

 (ii) subsequently — as provided by subsection 42-2 (3A) of the Act; and

 (b) in relation to the classification of the care recipient, the nominal expiry date occurs either during or after the continuous period of leave;

the expiry date for the classification of the care recipient is the day after the day on which the leave ends.

 (2) For subsection (1), the nominal expiry date is the day that would be the expiry date for the classification of the care recipient if paragraph 27‑1 (2) (a) of the Act applied.