Commonwealth Numbered Acts

HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 192 of 1992 - SECT 22

22. Section 40AFE of the Principal Act is amended:

   (a)  by inserting after subsection (1) the following subsection:

"(1A) A review by the Secretary of a patient's classification must be
undertaken in accordance with the principles.";

   (b)  by omitting subsections (3) and (4) and substituting the following
        subsections:

"(3) If the Secretary revokes the classification ('original classification')
and substitutes a higher or lower classification ('substituted
classification'), the revocation and substitution are to be regarded as taking
effect as set out in the principles.

"(4) If:

   (a)  a patient classification is in force at the time this Act commences;
        and

   (b)  after this Act commences, the Secretary revokes that original
        classification and substitutes a lower classification; the revocation
        and substituted classification take effect on the date of
        revocation.";

   (c)  by omitting subsection (6) and substituting the following subsections:

"(6) For the purposes of subsection (3), a classification is lower or higher
than another classification if it represents a lesser or greater need of
nursing and personal care than that other classification.

"(7) In this section:
'principles' means the principles determined by the Minister under subsection
40AFA(3).".