Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the allocation is a * provisional allocation, the person may apply to the Secretary for a variation of the provisional allocation.
(2) A variation of the * provisional allocation may be:
(a) a reduction in the number of * places to which the provisional allocation relates; or
(b) a variation of any of the conditions to which the provisional allocation is subject under section 14 - 5; or
(c) a variation that has the effect of moving * provisionally allocated places to a different * region within the same State or Territory.
(3) The application must:
(a) be in the form approved by the Secretary; and
(b) be made before the end of the * provisional allocation period.
(4) The Secretary must, within 28 days after receiving the application:
(a) make the variation; or
(b) reject the application;
and, within that period, notify the person accordingly.
Note: Rejections of applications are reviewable under Part 6.1.
(5) If the Secretary has decided to vary the * provisional allocation, the notice must include details of the variation.
(6) Rejection of the application does not prevent the person making a fresh application at a later time during the * provisional allocation period.
(7) In deciding whether to vary the * provisional allocation as mentioned in paragraph (2)(a) or (b), the Secretary must have regard to any matters specified in the Allocation Principles.
(8) In deciding whether to vary the * provisional allocation as mentioned in paragraph (2)(c), the Secretary must be satisfied that the variation is justified in the circumstances, having regard to the following:
(a) whether the variation would meet the objectives of the planning process set out in section 12 - 2;
(b) the financial viability of the * aged care service in respect of which the * places were * provisionally allocated;
(c) if the places were provisionally allocated to meet the needs of a particular group--whether those needs would be met after the variation;
(d) if the places were provisionally allocated to provide a particular type of * aged care--whether that type of aged care would be provided after the variation;
(e) if, after the variation, the places would be provisionally allocated in respect of a different aged care service:
(i) the financial viability of that aged care service; and
(ii) the suitability of the premises used, or proposed to be used, to provide care through that aged care service;
(f) the extent to which the needs of the aged care community in the different * region and the region for which the places were provisionally allocated have changed since the provisional allocation was made;
(g) the extent to which the needs of the aged care community in the different region and the region for which the places were provisionally allocated would be better met by making the variation than by not making the variation;
(h) how the development of the aged care service, in respect of which the places were provisionally allocated, has progressed;
(i) whether the allocation of places would take effect within a shorter period of time and within the existing provisional allocation period, if the variation were to be made;
(j) any other matters set out in the Allocation Principles.