Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 32.5

Competitive assessment of applications

             (1)  The Secretary must consider an application in accordance with this section if:

                     (a)  more than one application in respect of a State or Territory, or a particular region within a State or Territory, is made in response to an invitation under section 32-2; and

                     (b)  the Secretary is satisfied that to grant the * extra service status sought in each application that would (apart from this section) succeed would:

                              (i)  unreasonably reduce access as mentioned in paragraph 32-4(1)(a); or

                             (ii)  result in the number of extra service places exceeding the maximum proportion (if any) set by the Minister under section 32-7.

             (2)  The Secretary must grant * extra service status in respect of the applications in a way that ensures that the extra service status granted will not:

                     (a)  unreasonably reduce access as mentioned in paragraph 32-4(1)(a); or

                     (b)  result in the number of extra service places exceeding the maximum proportion (if any) set by the Minister under section 32-7.

             (3)  The Secretary must, in deciding which applications will succeed:

                     (a)  give preference to those applications that best meet the criteria in section 32-4; and

                     (b)  have regard to the level of the extra service fees (see Division 35) proposed in each application.

             (4)  The Extra Service Principles may set out matters to which the Secretary is to have regard in determining which applications best meet the criteria set out in section 32-4.



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