Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 17.8

Variation involving relocation of places to service with extra service status

             (1)  The Secretary must not approve the variation of the conditions to which an allocation of places is subject, if:

                     (a)  the variation would result in residential care in respect of the * places being provided through a residential care service in a different location; 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 approve the variation if the Secretary is satisfied that the * places other than the 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 approve 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.)



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