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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 who:

                     (a)  is approved under section 8-1 to provide the * aged care in respect of which the places are allocated; or

                     (b)  will be approved to provide aged care in respect of which the places are allocated once the allocation takes effect or, in the case of a * provisional allocation, begins to be in force.

          (2A)  The * places must not be allocated to the person if a sanction imposed under Part 4.4 is in force prohibiting allocation of places to the person.

             (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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