74Revocation on initiative of System Governor

74  Revocation on initiative of System Governor

 (1) The System Governor may revoke an eligibility determination for an aged care needs assessment, or access approval, or both, for an individual if the System Governor is satisfied that:

 (a) the individual gave information, or a document, in relation to the application for access to funded aged care services to which the determination or access approval relates; and

 (b) either:

 (i) the information or document (as the case may be) was false or misleading; or

 (ii) the information omitted any matter or thing without which the information is misleading.

 (2) Before the System Governor makes a decision under subsection (1) for an individual, the System Governor must, by written notice, notify the individual that the System Governor is considering making that decision.

 (a) set out the reasons why the System Governor is considering making the decision; and

 (b) invite the applicant to make submissions, in writing, to the System Governor in relation to the matter within 14 days after receiving the notice, or such longer period as is specified in the notice; and

 (c) inform the individual that the System Governor may, after considering any submissions made by the individual, make the decision.

 (4) The System Governor must consider any submissions made by an individual in accordance with a notice under subsection (3).

 (5) If, after considering an individual’s submissions under subsection (4), the System Governor decides to revoke the individual’s eligibility determination, or access approval, or both, the System Governor must, within 14 days after the day the decision is made, give written notice of the following to the individual:

 (a) the decision;

 (b) the reasons for the decision;

 (6) If the System Governor revokes an individual’s eligibility determination, or access approval, or both under subsection (1), any pending application for the individual under section 56 or 64 is taken to be withdrawn.

Part 3—Classification

Division 1—Classification assessments and decisions

75  Classification assessments

 (1) A classification assessment for the purposes of determining a classification level for a classification type for a service group for an individual must be undertaken if:

 (a) during an aged care needs assessment for the individual under section 62, the approved needs assessor considers the classification type for the service group should be approved for the individual under subsection 65(2); or

 (b) an application for a classification reassessment for the classification type for the service group is made by the individual, or a registered provider on behalf of the individual, under section 82.