Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p35
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 35/54)
Character Range: 125816–128583

*places to which the variation relates;
 (b) details of the variation of the conditions to which the allocation in question is subject;
 (c) 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;
 (d) any other matters specified in the Allocation Principles.

17‑7  Variation day
 (1) The variation day is the proposed variation day specified in the application if the variation is made on or before that day.
 (2) If the variation is not made on or before the proposed variation day, the applicant may apply, in writing, to the Secretary to approve a day as the variation day.
 (3) The Secretary must, within 28 days after receiving the application:
 (a) approve a day as the variation day; or
 (b) reject the application;
and, within that period, notify the applicant accordingly.
Note: Approvals of days and rejections of applications are reviewable under Part 6.1.
 (4) However, the day approved by the Secretary as the variation day must not be earlier than the day on which the variation is made.

17‑8  Variation involving relocation of places to service with extra service status
 (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.)

Division 17A—Revocation of certain conditions for