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AGED CARE ACT 1997 - SECT 14.9

Allocations in situations of emergency

             (1)  The Secretary may declare that an allocation of * places to a person is made in a situation of emergency.

             (2)  Paragraph 14-1(3)(a) and subsection 14-1(4) do not apply to an allocation that is the subject of such a declaration.

Note:          The effect of subsection (2) is that the process of inviting applications under Division 13 does not apply, valid applications for the allocation are not required, and there is no competitive assessment of applications.

             (3)  The Secretary must not make such a declaration unless the Secretary is satisfied that:

                     (a)  a situation of emergency exists that could result in, or has resulted in, * aged care ceasing to be provided to a group of care recipients; and

                     (b)  an allocation of * places under this Division would ensure that the provision of that care did not cease, or would resume; and

                     (c)  there is insufficient time, in making the allocation, to comply with paragraph 14-1(3)(a) and subsection 14-1(4).

             (4)  A declaration must specify a period at the end of which the allocation in question is to cease to have effect.

Note:          If, because of this section, an allocation does not have to comply with the terms of an invitation published under Division 13, it will not be limited to places that are determined by the Minister under section 12-3 to be available for allocation.

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