Commonwealth Consolidated Acts

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

AGED CARE ACT 1997 - SECT 15.7

Provisional allocation periods

             (1)  The provisional allocation period is the period of 4 years after the day on which the allocation is made.

             (2)  However, the * provisional allocation period:

                     (a)  may be extended; and

                     (b)  if an application under section 15-3 is pending at the end of the 4 years, or the 4 years as so extended--continues until the Secretary makes a determination under section 15-1 or rejects the application.

             (3)  The Secretary must extend the * provisional allocation period if:

                     (a)  the person applies to the Secretary, in accordance with subsection (4), for an extension; and

                     (b)  one of the following applies:

                              (i)  the applicant has not previously sought an extension and the Secretary is satisfied that the extension is justified in the circumstances;

                             (ii)  the applicant has been granted an extension once previously and the Secretary is satisfied that the further extension is justified in the circumstances;

                            (iii)  the applicant has been granted an extension more than once previously and the Secretary is satisfied that exceptional circumstances justify the granting of a further extension; and

                     (d)  the Secretary is satisfied that granting the extension meets any requirements specified in the Allocation Principles.

          (3A)  The Allocation Principles may specify matters to which the Secretary must have regard in considering whether exceptional circumstances justify the granting of a further extension.

             (4)  The application:

                     (a)  must be in the form approved by the Secretary; and

                     (b)  must be made at least 60 days, or such lesser number of days as the Secretary allows, before what would be the end of the * provisional allocation period if it were not extended.

             (5)  The Secretary must, within 28 days after receiving an application for an extension:

                     (a)  grant an extension; or

                     (b)  reject the application.

Note:          Extending provisional allocation periods and rejections of applications for extensions are reviewable under Part 6.1.

          (5A)  The Secretary must notify the person of the decision to grant an extension or reject the application by a time that is:

                     (a)  14 days or more before the end of the * provisional allocation period; and

                     (b)  within 28 days after receiving the application for the extension.

             (6)   The period of the extension is 12 months. The Secretary must specify the period of the extension in the notice of the granting of the extension.

             (7)  Despite this section, if the Secretary rejects an application for an extension, the * provisional allocation period ends at the later of:

                     (a)  the end of the day that is 28 days after the person is notified of the decision; or

                     (b)  the time when there is no further reconsideration or review of the decision pending.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback