What are my options if I disagree with a decision about my aged care?
Okay, here's a breakdown of your options if you disagree with an aged care decision, based on the legislation provided:
In Plain English
If you're not happy with a decision made about your aged care, you have a couple of options. First, you can ask the decision-maker to reconsider their decision. If you're still not satisfied after that, you might be able to take your case to the Administrative Appeals Tribunal for an independent review.
Detailed Explanation
Based on the provided legislative context, here's a more detailed explanation of your options:
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Reconsideration:
- You can apply for a reconsideration of certain decisions. The Aged Care Act 2024 refers to processes for reconsideration of decisions related to asset determinations (Chunk 173).
- The Aged Care Act 2024 also allows for reconsideration of a reviewable decision of an internal decision reviewer (Chunk 35).
- If you are not notified of the decision within a specified period, the Aged Care Act 2024 states that the Aged Care Pricing Commissioner is taken to have made a decision to reject the application (Chunk 48).
- The Aged Care Act 2024 specifies that a person whose interests are affected by a reviewable decision may request the Aged Care Pricing Commissioner to reconsider the decision (Chunk 48).
- The Aged Care Act 2024 states that the Commissioner may reconsider a reviewable decision if satisfied that there is sufficient reason to do so (Chunk 35).
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Administrative Appeals Tribunal (AAT) Review:
- If you're still not happy after the reconsideration, you can apply to the Administrative Appeals Tribunal (AAT) for a review of the reconsideration decision. The Aged Care Act 2024 explicitly states that applications may be made to the Administrative Appeals Tribunal for review of a reconsideration decision of an internal decision reviewer (Chunk 35).
Please note that the specific decisions that are reviewable, and the processes for reconsideration and AAT review, will depend on the exact nature of the decision you are disputing. The Aged Care Act 2024 and related legislation outline these processes in more detail.