Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p15
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 15/54)
Character Range: 75651–78431

Waiver of requirements
 (1) The Secretary may waive the requirement under paragraph 14‑1(4)(a) that each person who is allocated *places must have made a valid application in respect of the allocation if:
 (a) each of the persons made an application in respect of the allocation; and
 (b) the Secretary is satisfied that there are exceptional circumstances justifying the waiver.
 (2) The Secretary may waive:
 (a) the requirement under paragraph 14‑1(4)(a) that each person who is allocated *places must have made a valid application in respect of the allocation; and
 (b) the requirement under paragraph 14‑1(4)(b) that the allocation must comply with the terms of an invitation published under Division 13;
if the places being allocated are places that have been *relinquished under section 18‑2 or that were included in an allocation, or a part of an allocation, revoked by a notice given under section 63N of the *Quality and Safety Commission Act.
Note: If, because of this subsection, an allocation does not have to comply with the terms of an invitation published under Division 13, it will not be limited to places that are determined by the Minister under section 12‑3 to be available for allocation.
 (3) The Secretary may waive:
 (a) the requirement under paragraph 14‑1(4)(a) that each person who is allocated *places must have made a valid application in respect of the allocation; and
 (b) the requirement under paragraph 14‑1(4)(b) that the allocation must comply with the terms of an invitation published under Division 13;
if the Secretary is satisfied that there are exceptional circumstances justifying the waiver, and that only places that are *available for allocation are allocated.

14‑5  Conditions relating to particular allocations
 (1) The Secretary may make an allocation of *places to a person subject to such conditions as the Secretary specifies in writing.
Note: Approved providers have a responsibility under Part 4.3 to comply with the conditions to which the allocation is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.
 (2) The Secretary may specify which of the conditions (if any) must be met before a determination can be made under section 15‑1.
Note: An allocation takes effect when a determination is made under section 15‑1. Until an allocation takes effect, it is a *provisional allocation.
 (3) It is a condition of every allocation of a *place that:
 (a) the place is allocated in respect of a specified location; and
 (b) the place is allocated in respect of a particular *aged care service; and
 (c) any care provided, in respect of the place, must be provided at that location and through that service.

Lump sums paid by continuing