Disputed Assessments Sample Clauses

Disputed Assessments. A Provider may dispute a Current Assessment: in accordance with clause 85.3 or clause 92; within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by Services Australia Assessment Services under clause 117.1 or 120.1, if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant; or within 28 calendar days, or as otherwise specified in any Guidelines, of an Assessment conducted by an Ongoing Support Assessor under section 5J [Ongoing Support], if the Provider considers that the Current Assessment does not specify the most appropriate Program Services for the Participant. If the Provider disputes a Current Assessment, the Provider must contact Services Australia Assessment Services or the relevant Ongoing Support Assessor who conducted the Participant's Current Assessment, in accordance with any Guidelines, to discuss the reasons why the Current Assessment is not appropriate. Where Services Australia Assessment Services or the Ongoing Support Assessor agrees that the Participant's previous Current Assessment is inappropriate, Services Australia Assessment Services or the Ongoing Support Assessor will take appropriate action in relation to the Participant and, unless Services Australia Assessment Services or the Ongoing Support Assessor Exits the Participant or provides a new Current Assessment of the Participant under which the Provider must provide Program Services to the Participant, the Provider must perform a Provider Exit of the Participant. Where Services Australia Assessment Services or the Ongoing Support Assessor does not agree that the Participant's Current Assessment is inappropriate, the Provider must provide Program Services to the Participant in accordance with that Current Assessment (but subject to clauses 120 [Change of Circumstances Reassessment during Period of Service] and 129 [Change of Circumstances Reassessment during Ongoing Support]. If a Current Assessment is in dispute prior to the Participant's Commencement, for the avoidance of doubt, no Fees are payable with respect to the Participant until the Participant is Commenced. Where any Fees have been paid to a Provider in relation to the period during which a Current Assessment is in dispute, such Fees paid may be recoverable by the Department. Subject to clauses 87.2, 87.3 and 87.4, if a Participant presents to the Provider without a Referral, the Provider must immediately: con...