Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 17.2

             (1)  An approved provider to whom a * place has been allocated under Division 14 may apply in writing to the Secretary to vary the conditions to which the allocation is subject under section 14‑5.

             (2)  The application must:

                     (a)  be in a form approved by the Secretary; and

                     (b)  include such information as is specified in the Allocation Principles.

             (3)  The following are examples of the matters that may be specified in the Allocation Principles for the purposes of paragraph (2)(b):

                     (a)  the applicant's name;

                     (b)  the * aged care service to which the allocation being varied relates, and its location;

                     (c)  the number of * places to which the variation relates;

                     (d)  whether any of the places to which the variation relates are:

                              (i)  * adjusted subsidy places; or

                             (ii)  places included in a residential care service, or a * distinct part of a residential care service, that has * extra service status;

                     (e)  if, after the variation, care provided in respect of the places would be provided at a different location:

                              (i)  the address of that location; and

                             (ii)  the proposals for ensuring that care needs are appropriately met for care recipients who are being provided with care in respect of those places;

                      (f)  the conditions of the allocation to be varied.

             (4)  The application must be made no later than 60 days, or such other period as the Secretary determines under subsection (5), before the proposed variation day.

             (5)  The Secretary may determine, at the applicant's request, another period under subsection (4) if the Secretary is satisfied that it is justified in the circumstances.

Note:          Determinations of periods and refusals to determine periods are reviewable under Part 6.1.

             (6)  In deciding whether to make a determination, and in determining another period, the Secretary must consider any matters set out in the Allocation Principles.

             (7)  The Secretary must give written notice of the decision under subsection (5) to the applicant.

             (8)  If the information that an applicant has included in an application changes, the application is taken not to have been made under this section unless the applicant gives the Secretary written notice of the changes.