Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AGED CARE ACT 1997 - SECT 15.4

Variation or revocation of provisional allocations

             (1)  The Secretary may vary or revoke a * provisional allocation if the Secretary is satisfied that a condition to which the provisional allocation is subject under section 14-5 or 14-6 has not been met.

Note:          Variations or revocations of * provisional allocations are reviewable under Part 6.1.

             (2)  A variation of the * provisional allocation must be a variation of a condition to which the allocation is subject under section 14-5 or 14-6.

             (3)  Before deciding to vary or revoke the * provisional allocation, the Secretary must notify the person that variation or revocation is being considered. The notice:

                     (a)  must be in writing; and

                     (b)  must invite the person to make written submissions to the Secretary, within 28 days after receiving the notice, as to why the provisional allocation should not be varied or revoked; and

                     (c)  must inform the person that, if no submissions are made within that period, the variation or revocation takes effect on the day after the last day for making submissions.

             (4)  In deciding whether to vary or revoke the * provisional allocation, the Secretary must consider:

                     (a)  any submissions made within that period; and

                     (b)  any matters specified in the Allocation Principles.

             (5)  The Secretary must notify, in writing, the person of the decision.

             (6)  The notice must be given to the person within 28 days after the end of the period for making submissions. If the notice is not given within this period, the Secretary is taken to have decided not to vary or revoke the * provisional allocation.

             (7)  If the Secretary has decided to vary the * provisional allocation, the notice must include details of the variation.

             (8)  A variation or revocation has effect:

                     (a)  if no submissions were made under subsection (3)--on the day after the last day for making submissions; or

                     (b)  if such a submission was made--on the day after the person receives a notice under subsection (5).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback