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AGED CARE ACT 1997 - SECT 14.1

Allocation of places

  (1)   The Secretary may allocate * places, in respect of * residential care subsidy or * flexible care subsidy, to a person to provide * aged care services for a * region.

  (2)   The * places may only be allocated to a person if:

  (a)   the person is an approved provider and the person's approval is in respect of the * aged care in respect of which the places are allocated; or

  (b)   both of the following apply:

  (i)   the person will be an approved provider at the time the allocation takes effect or, in the case of a provisional allocation, at the time that allocation begins to be in force;

  (ii)   the person's approval will be in respect of the aged care in respect of which the places are allocated.

  (2A)   The * places must not be allocated to a person if:

  (a)   a sanction has been imposed on the person under section   63N of the * Quality and Safety Commission Act; and

  (b)   the sanction prohibits the further allocation of places under this Part to the person; and

  (c)   the sanction is in effect.

  (3)   The allocation:

  (a)   must be the one that the Secretary is satisfied would best meet the needs of the aged care community in the * region (see section   14 - 2); and

  (b)   may be made subject to conditions (see sections   14 - 5 and 14 - 6).

  (4)   In order for an allocation to be made to a person:

  (a)   the person must have made a valid application in respect of the allocation (see Division   13); and

  (b)   the allocation must comply with the terms of an invitation published under Division   13 (see section   14 - 3);

except so far as the Secretary waives these requirements under section   14 - 4.

Note:   However, paragraph   (3)(a) and subsection   (4) will not apply to an allocation of * places in a situation of emergency (see section   14 - 9).


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