Aged Care (Consequential and Transitional Provisions) Act 2024 (109 of 2024)

Schedule 2   Application, saving and transitional provisions

Part 2   Transitional provisions for Chapter 2 of the new Act

4   Classification levels, priority category and place allocation decisions

(1) The System Governor must determine, by legislative instrument, for one or more classes of individuals to whom subitem 2(2) applies, the following:

(a) the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for a classification type for a service group that those individuals are taken to be approved for under subitem 2(1);

(b) if circumstances specified by the determination apply in relation to the individuals in the class and a classification type for a service group specified by the determination - the priority category that each of those individuals is taken to have been assigned for the classification type for the service group under subsection 86(1) of the new Act at the transition time;

(c) if circumstances specified by the determination apply in relation to the individuals in the class and a classification type for a service group specified by the determination - that a place is taken to have been allocated under subsection 92(1) of the new Act at the transition time to each of those individuals for the classification type for the service group.

(2) The System Governor must determine, by legislative instrument, for one or more classes of individuals to whom subitem 3(2) applies, the following:

(a) the classification level taken to be established for each of the individuals in the class under subsection 78(1) of the new Act at the transition time for a classification type for the service group residential care that those individuals are taken to be approved for under subitem 3(1);

(b) if circumstances specified by the determination apply in relation to the individuals in the class and a classification type for the service group residential care specified by the determination - that a place is taken to have been allocated under subsection 92(1) of the new Act at the transition time to each of those individuals for the classification type for the service group.