Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 72.5

Waiver of requirements

                   The Secretary may waive:

                     (a)  the requirement under paragraph 72-1(3)(a) that each approved provider who is allocated a * residential care grant must have made a valid application in respect of the allocation; or

                     (b)  that requirement and the requirement under paragraph 72-1(3)(b) that the allocation must comply with the terms of an invitation published under Division 71;

if the Secretary is satisfied that:

                     (c)  the provision of residential care to care recipients is being seriously affected by the condition of the premises used for providing the care, being premises to which the residential care grant would relate; or

                     (d)  the premises used for providing care, being premises to which the residential care grant would relate, have been so damaged by a disaster that they are unsuitable for the provision of residential care; or

                     (e)  there is a high need for the provision of residential care that would not be met unless the residential care grant is allocated, and it would not be practicable to allocate the grant without the waiver; or

                      (f)  there are other exceptional circumstances for justifying the waiver.



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