15Requests for reclassification under the old law

15 Requests for reclassification under the old law

(1) This section applies to an individual if: (a) before the transition time, a request for reclassification of the individual for respite care or non‑respite care was made under section 29D‑1 of the old Act; and (b) immediately before the transition time, a decision had not been made under that section to reclassify the individual, or not to reclassify the individual. (2) After the transition time, a decision must be made under section 29D‑1 of the old Act to reclassify the individual, or not to reclassify the individual. (3) Despite the repeal of the old Act and the Classification Principles, and subject to this section: (a) Divisions 29C and 29D of Part 2.4A of Chapter 2 of the old Act; and (b) Chapter 3 of the Classification Principles; and (c) any provision necessary for the effectual operation of those provisions; continue to apply in relation to the individual and the application, on and after the transition time, as if that repeal had not happened. (4) If the decision is not to reclassify the individual, the decision is taken to have taken effect immediately before the transition time. (5) If the decision is to reclassify the individual, the decision is taken: (a) to be a classification decision under section 78 of the new Act to establish a classification level for the individual: (i) if the decision was to reclassify the individual for non‑respite care—for the classification type ongoing for the service group residential care; or (ii) if the decision was to reclassify the individual for respite care—for the classification type short‑term for the service group residential care; and (b) to have established the classification level of the class (for the classification type ongoing) or respite class (for the classification type short‑term) with the corresponding number to the classification decided by the decision; and (c) to have taken effect at the transition time.