Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p34
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 34/54)
Character Range: 123261–126053

written notice of the decision under subsection (5) to the applicant.
 (8) If the information that an applicant has included in an application changes, the application is taken not to have been made under this section unless the applicant gives the Secretary written notice of the changes.

17‑3  Requests for further information
 (1) If the Secretary needs further information to determine the application, the Secretary may give to the applicant a notice requesting the applicant to give the further information within 28 days after receiving the notice.
 (2) The application is taken to be withdrawn if the applicant does not give the further information within 28 days.
Note: The period for giving the further information can be extended—see section 96‑7.
 (3) The notice must contain a statement setting out the effect of subsection (2).

17‑4  Consideration of applications
  In deciding whether the variation is justified in the circumstances, the Secretary must consider:
 (a) whether the variation will meet the objectives of the planning process set out in section 12‑2; and
 (b) the financial viability of the *aged care service to which the allocation being varied relates; and
 (c) if the *places have been allocated to meet the needs of a particular group—whether those needs would continue to be met after the variation; and
 (d) if the places have been allocated to provide a particular type of *aged care—whether that type of aged care would continue to be provided after the variation; and
 (e) if, after the variation, the places would be included in a different aged care service—the financial viability of the aged care service; and
 (f) if, after the variation, care provided in respect of the places would be provided at a different location:
 (i) the suitability of the premises used, or proposed to be used, to provide care through that aged care service; 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; and
 (g) any other matters set out in the Allocation Principles.

17‑5  Time limit for decisions on applications
  The Secretary must, at least 14 days before the proposed variation day:
 (a) approve the variation; or
 (b) reject the application;
and, within that period, notify the applicant accordingly.
Note: Rejections of applications are reviewable under Part 6.1.

17‑6  Notice of decisions
  If the variation is approved, the notice must include statements setting out the following matters:
 (a) the number of *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