Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p11
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 11/54)
Character Range: 65550–68452

are financially or socially disadvantaged;
 (e) veterans;
 (f) people who are homeless or at risk of becoming homeless;
 (g) care‑leavers;
 (ga) parents separated from their children by forced adoption or removal;
 (h) lesbian, gay, bisexual, transgender and intersex people;
 (i) people of a kind (if any) specified in the Allocation Principles.

11‑4  Explanation of the allocation process
  This diagram sets out the steps that the Commonwealth takes in allocating *places to an approved provider under this Part in respect of *residential care subsidy or *flexible care subsidy.

Division 12—How does the Commonwealth plan its allocations of places?

12‑1  The planning process
 (1) The Secretary must, for each financial year, carry out the planning process under this Division for *residential care subsidy and *flexible care subsidy.
 (2) In carrying out the planning process, the Secretary:
 (a) must have regard to the objectives set out in section 12‑2; and
 (b) must comply with the Minister's determination under section 12‑3; and
 (c) may comply with sections 12‑4 to 12‑6.

12‑2  Objectives of the planning process
  The objectives of the planning process are:
 (a) to provide an open and clear planning process; and
 (b) to identify community needs, particularly in respect of *people with special needs; and
 (c) to allocate *places in a way that best meets the identified needs of the community.

12‑3  Minister to determine the number of places available for allocation
 (1) The Minister must, in respect of *residential care subsidy and *flexible care subsidy, determine for the financial year how many *places are available for allocation in each State or Territory.
 (2) The determination must be published on the Department's website.

12‑4  Distributing available places among regions
 (1) The Secretary may, in respect of *residential care subsidy and *flexible care subsidy, distribute for the financial year the *places *available for allocation in a State or Territory among the *regions within the State or Territory.
Note: *Regions are determined under section 12‑6.
 (2) In distributing the places, the Secretary must comply with any requirements specified in the Allocation Principles.
 (3) If, in respect of *residential care subsidy or *flexible care subsidy:
 (a) the Secretary does not, under subsection (1), distribute for the financial year the *places *available for allocation in the State or Territory; or
 (b) the whole of the State or Territory comprises one *region;
the Secretary is taken to have distributed for that year the places to the whole of the State or Territory as one region.

12‑5  Determining proportion of care to be provided to certain groups of people
 (1) The Secretary may, in respect of *residential care subsidy and *flexible care subsidy, determine for the *places *available for allocation the proportion of care that must be provided