Commonwealth Consolidated Acts

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

AGED CARE ACT 1997 - SECT 15.5A

Variation of region that involves moving provisionally allocated places to a service with extra service status

  (1)   The Secretary must not vary a * provisional allocation of * places to move places to a different * region as mentioned in paragraph   15 - 5(2)(c) if:

  (a)   the variation would result in residential care in respect of the places being provided through a residential care service in the different region; and

  (b)   that residential care service has, or a * distinct part of that service has, * extra service status;

unless subsection   (2) or (3) applies to the variation.

  (2)   The Secretary may make the variation if the Secretary is satisfied that the * places other than the * provisionally allocated places to which the variation relates could, after the variation, form one or more * distinct parts of the residential care service concerned.

Note:   The places to which the variation relates would not have * extra service status because of the operation of section   31 - 3.

  (3)   The Secretary may make the variation if the Secretary is satisfied that:

  (a)   granting the variation would be reasonable, having regard to the criteria set out in section   32 - 4; and

  (b)   granting the variation would not result in the maximum proportion of * extra service places under section   32 - 7, for the State, Territory or region concerned, being exceeded; and

  (c)   any other requirements set out in the Allocation Principles are satisfied.

Note:   These * places would have * extra service status because of the operation of section   31 - 1. (Section   31 - 3 would not apply.)



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback