Document ID: chunk:federal_register_of_legislation:F2022C01044:reg:38
Version: federal_register_of_legislation:F2022C01044
Segment Type: reg
Provision Reference: reg 38
Character Range: 19805–21004

38  Matters to be considered
 (1) For subsection 15‑7(3A) of the Act, the matters the Secretary must have regard to when considering whether exceptional circumstances justifying the granting of a further extension are:
 (a) whether there are any unusual or unforeseen matters outside the control of the approved provider, including but not limited to the occurrence of a natural disaster or emergency situation, preventing the approved provider from applying under section 15‑1 of the Act for a determination that the approved provider is in a position to provide care; and
 (b) whether the approved provider will be in a position to provide care within the period of the extension; and
            (c) whether granting the extension is necessary because no other provider is able to satisfy the care needs in the region.
Note:  The Secretary will consider the matters set out in this section when determining whether exceptional circumstances justify an extension of the provisional allocation period for a further 12 months, taking the total provisional allocation period beyond six years.

Part 6—Transfer of places other than provisionally allocated places

Division 1—Application of this Part