Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.)