Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:3_110:p4
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 3 cl 110 (pt 4/4)
Character Range: 76395–77531

in the determination.
Note: Decisions specifying periods are reviewable under Part 6.1.
 (4) In deciding whether to make a determination, the Secretary must have regard to the matters specified in the Subsidy Principles.
 (5) Application may be made to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of a care recipient. The application may be made by:
 (a) the care recipient; or
 (b) an approved provider that is providing, or is to provide, residential care to the care recipient.
 (6) The Secretary must notify the care recipient and the approved provider, in writing, of the Secretary's decision on whether to make the determination. The notice must be given:
 (a) if an application for a determination was made under subsection (5)—within 28 days after the application was made, or, if the Secretary requested further information in relation to the application, within 28 days after receiving the information; or
 (b) if such an application was not made—within 28 days after the decision is made.
 (7) A determination under subsection (2) is not a legislative instrument.