Aged Care (Consequential and Transitional Provisions) (Aged Care System Modification) Rules 2025
89‑5 Circumstances in which decisions re89‑5 Circumstances in which decisions resume being in effect for a period
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89‑5 Circumstances in which decisions resume being in effect for a period
(1) For the purposes of subsection 89(2) of the Act, this section prescribes circumstances in which a decision under subsection 86(1) of the Act about an individual’s priority category for a classification type for a service group that has ceased to have effect under subsection 89(1) of the Act resumes being in effect for a period. Place allocated but taken to be withdrawn—service groups home support, assistive technology and home modifications (2) A decision about an individual’s priority category for a classification type for a service group that has ceased to have effect under paragraph 89(1)(a) or (aa) of the Act: (a) resumes being in effect, immediately after it ceased to have effect, if: (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act does not take effect and is taken to be withdrawn under subsection 92A(2) of the Act; and (ii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and (b) remains in effect in accordance with section 89 of the Act. Classification level resumes being in effect under section 80‑49—service group home support (3) A decision about an individual’s priority category for a classification type for the service group home support that has ceased to have effect under paragraph 89(1)(a) of the Act: (a) resumes being in effect if: (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and (ii) a classification level for a classification type for the service group home support for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(1) of this instrument; and (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and (b) resumes being in effect when the individual so notifies the System Governor; and (c) remains in effect in accordance with section 89 of the Act. Classification level resumes being in effect under section 80‑49—classification type short‑term for service group assistive technology (4) A decision about an individual’s priority category for the classification type short‑term for the service group assistive technology that has ceased to have effect under paragraph 89(1)(aa) of the Act: (a) resumes being in effect if: (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and (ii) a classification level for the classification type short‑term for the service group assistive technology for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(3) of this instrument; and (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and (b) resumes being in effect when the individual so notifies the System Governor; and (c) remains in effect in accordance with section 89 of the Act. Classification level resumes being in effect under section 80‑49—classification type short‑term for home modifications (5) A decision about an individual’s priority category for the classification type short‑term for the service group home modifications that has ceased to have effect under paragraph 89(1)(aa) of the Act: (a) resumes being in effect if: (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and (ii) a classification level for the classification type short‑term for the service group home modifications for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(4) of this instrument; and (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and (b) resumes being in effect when the individual so notifies the System Governor; and (c) remains in effect in accordance with section 89 of the Act.