Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p18
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 18/54)
Character Range: 83256–86027

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

14‑8  Notification of allocation
 (1) The Secretary must notify each applicant in writing whether or not any *places have been allocated to the applicant.
 (2) If *places have been allocated to an applicant, the notice must set out:
 (a) the number of places that have been allocated; and
 (b) the types of *subsidy in respect of which the places have been allocated; and
 (c) the *region for which the places have been allocated; and
 (d) if the Secretary determines that the allocation takes effect immediately—a statement of the consequences of the allocation taking effect immediately; and
 (e) if the allocation is a *provisional allocation—a statement of the effect of the allocation being a provisional allocation; and
 (f) the conditions to which the allocation is subject; and
 (g) if the allocation is a provisional allocation—which of those conditions (if any) must be met before the allocation can take effect.

14‑9  Allocations in situations of emergency
 (1) The Secretary may declare that an allocation of *places to a person is made in a situation of emergency.
 (2) Paragraph 14‑1(3)(a) and subsection 14‑1(4) do not apply to an allocation that is the subject of such a declaration.
Note: The effect of subsection (2) is that the process of inviting applications under Division 13 does not apply, valid applications for the allocation are not required, and there is no competitive assessment of applications.
 (3) The Secretary must not make such a declaration unless the Secretary is satisfied that:
 (a) a situation of emergency exists that could result in, or has resulted in, *aged care ceasing to be provided to a group of care recipients; and
 (b) an allocation of *places under this Division would ensure that the provision of that care did not cease, or would resume; and
 (c) there is insufficient time, in making the allocation, to comply with paragraph 14‑1(3)(a) and subsection 14‑1(4).
 (4) A declaration must specify a period at the end of which the allocation in question is to cease to have effect.
Note: If, because of this section, an allocation does not have to comply with