Document ID: chunk:federal_register_of_legislation:C2008A00140:clause:1_66:p6
Version: federal_register_of_legislation:C2008A00140
Segment Type: clause
Provision Reference: sch 1 cl 66 (pt 6/6)
Character Range: 34249–35934

Secretary must not approve the transfer of a *provisionally allocated *place from one person to another if:
 (a) the transfer would result in residential care in respect of the place being provided by a different residential care service; 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 transfer.

Note: The Secretary must not approve the transfer if the location in respect of which the place is provisionally allocated will change as a result of the transfer (see paragraph 16‑13(2)(e)).

 (2) The Secretary may approve the transfer if satisfied that the *places other than the transferred places could, after the allocation has taken effect, form one or more *distinct parts of the residential care service concerned.

Note: The transferred places would not have *extra service status because of the operation of section 31‑3.

 (3) The Secretary may approve the transfer if satisfied that:
 (a) granting the transfer would be reasonable, having regard to the criteria set out in section 32‑4; and
 (b) granting the transfer 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: The places would have *extra service status because of the operation of section 31‑1. (Section 31‑3 would not apply.)

16‑21  Information to be given to transferee

  The Secretary may give to the transferee information specified in the Allocation Principles at such times as are specified in those Principles.