Document ID: chunk:federal_register_of_legislation:C2019A00071:clause:1_4
Version: federal_register_of_legislation:C2019A00071
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 3917–5504

4  After section 15‑5
Insert:

15‑5A  Variation of region that involves moving provisionally allocated places to a service with extra service status
 (1) The Secretary must not vary a *provisional allocation of *places to move places to a different *region as mentioned in paragraph 15‑5(2)(c) if:
 (a) the variation would result in residential care in respect of the places being provided through a residential care service in the different region; 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 make the variation if the Secretary is satisfied that the *places other than the *provisionally allocated 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 make 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.)