Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p22
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 22/54)
Character Range: 93419–96283

other matters set out in the Allocation Principles.

15‑5A  Variation of region that involves moving provisionally allocated places to a service with extra service status
 (1) The Secretary must not vary a *provisional allocation of *places to move places to a different *region as mentioned in paragraph 15‑5(2)(c) if:
 (a) the variation would result in residential care in respect of the places being provided through a residential care service in the different region; 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 make the variation if the Secretary is satisfied that the *places other than the *provisionally allocated 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 make 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.)

15‑6  Surrendering provisional allocations
  If the allocation is a *provisional allocation, the person may, at any time before the end of the *provisional allocation period, surrender the allocation by notice in writing to the Secretary.

15‑7  Provisional allocation periods
 (1) The provisional allocation period is the period of 4 years after the day on which the allocation is made.
 (2) However, the *provisional allocation period:
 (a) may be extended; and
 (b) if an application under section 15‑3 is pending at the end of the 4 years, or the 4 years as so extended—continues until the Secretary makes a determination under section 15‑1 or rejects the application.
 (3) The Secretary must extend the *provisional allocation period if:
 (a) the person applies to the Secretary, in accordance with subsection (4), for an extension; and
 (b) one of the following applies:
 (i) the applicant has not previously sought an extension and the Secretary is satisfied that the extension is justified in the circumstances;
 (ii) the applicant has been granted an extension once previously and the Secretary is satisfied that the further extension is justified in the circumstances;
 (iii) the applicant has been granted an extension more than once previously