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2013 - 2014 - 2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES/SENATE
AGED CARE AMENDMENT (RED TAPE REDUCTION IN PLACES
MANAGEMENT) BILL 2015
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Aged Care, the Hon Sussan Ley MP)
AGED CARE AMENDMENT (RED TAPE REDUCTION IN PLACES
MANAGEMENT) BILL 2015
OUTLINE
Transfer of Places
This Bill amends the Aged Care Act 1997 to streamline the transfer of places between
approved providers while still ensuring a high level of care is provided to older
Australians.
The amendments in this Bill will simplify the process for transferring places between
approved providers by deeming proposed transfers as approved. This approval is
subject to the Secretary's power to veto any proposed transfer which makes sure that
only transfers that uphold standards of appropriate care will progress.
Provisionally Allocated Places
This Bill amends the Aged Care Act 1997 by streamlining the management of
provisionally allocated places while still promoting access to care for older
Australians.
The amendments in this Bill will reduce red tape for approved providers by extending
the current provisional allocation period and as a result reducing the need for
approved providers to apply for extensions. The amendments will also ensure that
care is provided to older Australians in a reasonable timeframe by limiting the number
of extensions available.
Financial Impact Statement
Nil
1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
AGED CARE AMENDMENT (RED TAPE REDUCTION IN PLACES
MANAGEMENT) BILL 2015
This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
Transfer of Places
Prior to these amendments, an approved provider had to submit an application for the
transfer of places to another approved provider and the Secretary of the Department
was required to consider and either reject or approve all applications. The
amendments to this Schedule will streamline this process and remove the need for
approved providers to make applications and wait for the Secretary's decision by
deeming proposed transfers as approved after a notice of transfer has been submitted
by the approved provider. However, the appropriateness of transfer will still be
considered, with the Secretary having the power to veto a transfer to ensure that
suitable arrangements and care are provided to older Australians. This means only
suitable and appropriate transfers will take effect.
Provisionally Allocated Places
Prior to these amendments, approval from the Secretary of the Department was
required for any extension of a provisionally allocated place after the provisional
allocation period of two (2) years. The amendments to this Schedule will increase the
provisional allocation period to four (4) years. This reduces regulation for approved
providers as it means they will not have to apply for an extension until four years after
their place has been provisionally allocated.
Also prior to these amendments, an unlimited amount of extensions were available to
extend the allocation of a provisionally allocated place. This meant that places could
be allocated without care being provided for an indefinite period of time. The
amendments to this Schedule ensure that timely care is provided to older Australians
by limiting the amount of extensions available to two 12 month periods with further
extensions available only in exceptional circumstances. This will ensure that
provisionally allocated places take effect and care is provided to older Australians in
reasonable timeframes.
Human rights implications
The proposed amendments to the Aged Care Act 1997 do not engage any applicable
human rights. The amendments reduce the regulatory burden on approved providers
with no increase or detrimental impact on their existing human rights obligations.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
The Hon Sussan Ley MP, the Minister for Aged Care
2
AGED CARE AMENDMENT (RED TAPE REDUCTION IN PLACES
MANAGEMENT) BILL 2015
NOTES ON CLAUSES
Clause 1 - Short Title
This clause provides that the Bill, once enacted, may be cited as the Aged Care
Amendment (Red Tape Reduction in Places Management) Act 2015.
Clause 2 - Commencement
This clause provides that the Bill will commence on the day after this Act receives
Royal Assent.
Clause 3 - Schedules
This clause provides that each Act that is specified in a Schedule to this Bill is
amended or repealed as set out in the applicable items in the Schedule concerned, and
any other item has effect according to its terms. Schedules 1 and 2 amend the Aged
Care Act 1997 (hereafter referred to as the Aged Care Act).
SCHEDULE 1 -- AMENDMENT OF THE AGED CARE ACT
Transfer of Places
Item 1 - Division 16
This item will repeal Division 16 of the Aged Care Act and substitute a new Division
16 with new Subdivisions 16-A and 16-B. New subdivision 16-A deals with the
transfer of places other than provisionally allocated places and new Subdivision 16-B
deals with the transfer of provisionally allocated places.
New section 16-1 confirms that Subdivision 16-A applies to allocated places other
than provisionally allocated places.
New subsection 16-2(1) enables an approved provider to give a transfer notice to the
Secretary notifying the Secretary of the transfer of places to another person. Prior to
the amendments proposed in this Bill, an approved provider was required to apply to
the Secretary for approval to transfer places. The Secretary was then required to
provide notice of their decision to approve or reject the transfer. The change from an
application to a transfer notice means the transfer is deemed to be 'approved' subject
to the Secretary's power to veto the transfer under new section 16-6.
This change of deeming transfers as 'approved' streamlines the transfer process and
provides greater certainty for approved providers. If the approved provider does not
receive a response to the contrary, the transfer is deemed to be approved which allows
the transfer to take place on the proposed transfer day.
New subsection 16-2(2) specifies the requirements for the transfer notice, such as the
form and information to be included.
New subsection 16-2(3) specifies the particular information that must be included in
the transfer notice.
3
New subsection 16-2(4) specifies the period of time before the proposed transfer day
that the transfer notice must be given to the Secretary, subject to the Secretary being
able to determine another period under new subsection 16-2(5). If the transferee is
already an approved provider under section 8-1, the period is at least 60 days before
the proposed transfer day. If the transferee is not already an approved provider under
section 8-1, the period is at least 90 days before the proposed transfer day.
New subsection 16-2(5) provides for the Secretary, at the request of the transferor and
transferee, to determine another period for the transfer notice to be given before the
proposed transfer day as opposed to those outlined in new subsection 16-2(4). For
example, the transferor and the transferee may ask the Secretary to shorten or extend
the notice period to facilitate the sale of the business and ensure commercial deals do
not lapse.
New subsection 16-2(6) provides that in determining another period under new
subsection 16-2(5), the Secretary must consider any matters set out in the Allocation
Principles. Amendments will be made to the Allocation Principles under a separate
process.
New subsection 16-2(7) provides for the Secretary to give written notice of their
decision to determine another period under new subsection 16-2(5) to the transferor
and transferee.
New subsection 16-2(8) provides that if information included in a transfer notice
changes, the transfer notice is taken to have not been given unless the transferor and
transferee give the Secretary written notice of the changes. This provision is included
to ensure that the decision whether or not to veto the transfer is made by the Secretary
with the most up to date and accurate information.
New section 16-3 specifies the factors the Secretary must consider and be satisfied of
after receiving the transfer notice. If the Secretary is not satisfied of the matters in this
section, the Secretary may issue a veto notice rejecting the transfer under new section
16-6. This ensures that the needs of care recipients are still being considered and the
Secretary will continue to ensure that transfers of places will not have a detrimental
effect on care recipients.
New section 16-4 enables the Secretary to issue a notice to resolve if there are any
issues of concern relating to the transfer notice. The notice to resolve must be issued
by the Secretary within 28 days of receiving the transfer notice. The transferee and
transferor will then have 28 days, or such shorter period as specified in the notice, to
make submissions regarding the concerns raised by the Secretary. If the issues relating
to the notice remain of concern to the Secretary, the Secretary may issue a veto notice
rejecting the transfer under the new section 16-6.
The decision to issue a notice to resolve is not a reviewable decision under section
85-1 of the Aged Care Act. However, the transferor and the transferee are able to
make submissions in response to the notice to resolve meaning that any issues with
the notice can be addressed then.
4
Before the amendments proposed in this Bill, the Secretary was able to request further
information in relation to an application for transfer but was unable to issue a notice to
resolve. If a matter in an application for transfer was of concern, the Secretary could
only reject the application, meaning the approved provider would have to reapply for
the transfer once any issues had been rectified. The insertion of new section 16-4 into
the Aged Care Act will enable the Secretary to raise matters of concern, including
requesting further information, and receive a response before making the decision of
whether or not to issue a veto notice under new section 16-6. This will reduce red tape
for approved providers as there is less chance they will need to submit a new transfer
notice in order to address the concerns of the Secretary.
New subsection 16-5(1) stipulates that a proposed transfer day, as specified in the
transfer notice, will become a later day if the Secretary;
(a) is given notice of changes to information included in the transfer notice under
new subsection 16-2(8) within 28 days of the proposed transfer day; or
(b) issues a notice to resolve under new section 16-4.
The note at the end of subsection new 16-5(1) confirms that this section may operate
multiple times in respect of one transfer, for example, if changes to the information in
the transfer notice within 28 days of the proposed transfer day occur more than once.
New subsection 16-5(2) states that, subject to new subsection 16-5(3), if the matters
set out in new subsection 16-5(1) occur the proposed transfer day will become the 29th
day after the changing proposed transfer day.
New subsection 16-5(3) states that if the transferor and transferee agree in writing for
the proposed transfer day to be another day that is later than the 29th day after the
changing proposed transfer day, and the Secretary also agrees in writing to the other
day, that this day will become the proposed transfer day.
New section 16-6 specifies the matters for which the Secretary can issue a veto notice
disallowing the transfer. The veto notice must be given to the transferor and transferee
at least seven days before the proposed transfer day. Enabling the Secretary to veto
proposed transfers ensures that only appropriate transfers will proceed. This
fundamentally ensures that adequate and appropriate care will be provided to the older
Australians affected by the transfer. The decision to issue a veto notice rejecting the
transfer is a reviewable decision under section 85-1 of the Aged Care Act.
New section 16-7 relates to the transfers of places to a residential care service that has
extra service status. If the Secretary is not satisfied that either new subsection 16-7(1)
or 16-7(2) apply, the Secretary may issue a veto notice rejecting the transfer under
new section 16-6.
New section 16-8 provides for the transfer of a place to take effect on the transfer day.
The transfer day is either the proposed transfer day as specified in the transfer notice
or another day that is the proposed transfer day as determined by the operation of this
new Division.
5
This new section also clarifies that a transfer does not occur on transfer day if a veto
notice rejecting the transfer has been given and is in effect or the transferee is not an
approved provider. The changes proposed by this bill reduce regulation as they clarify
that the Secretary no longer needs to approve a transfer for it to take effect. The
approved providers can therefore expect the transfer to take place on the proposed
transfer day unless they receive a veto notice. The ability of the Secretary to issue a
veto notice rejecting the transfer ensures that only transfers that will adequately
provide care for older Australians will proceed.
New section 16-9 specifies the effect on certain matters if a transfer of a place takes
effect on the transfer day. This section essentially replicates the existing section
16-11. The intent of these provisions is to ensure there is continuity of care and that
the obligations and responsibilities of the outgoing approved provider transfer to the
incoming approved provider along with the places. In addition, new paragraph
16-9(e) provides that if an application to vary conditions of allocation was made at the
same time as the transfer notice was given it will be deemed approved if the Secretary
does not veto the transfer.
New section 16-10 relates to information that may be given from the Secretary to the
transferee. This provision essentially replicated the existing section 16-9. It enables
the Secretary to release certain information to the incoming approved provider that
might otherwise be restricted by the protected information provisions in Division 86.
This provision can be used to authorise the disclosure of information, for example to
facilitate the smooth transfer of care and responsibilities between approved providers.
It will ensure there is the least disruption to care recipients in the event the outgoing
approved provider does not give necessary information to the incoming approved
provider.
New section 16-11 specifies the information that must be given from the transferor to
the transferee if the transfer is completed. This provision replicates existing 16-10 to
facilitate the smooth transfer of care and responsibilities between approved providers
New section 16-12 confirms that subdivision 16-B applies to provisionally allocated
places.
New subsection 16-13(1) enables an approved provider to give a transfer notice to the
Secretary notifying the Secretary of the proposed transfer of provisionally allocated
places to another person. Prior to the amendments proposed in this Bill, an approved
provider was required to apply to the Secretary for approval to transfer provisionally
allocated places. The Secretary was then required to provide notice of their decision
to approve or reject the transfer. The change from an application to a transfer notice
means the transfer is deemed to be 'approved' subject to the Secretary's power to veto
the transfer under new section 16-17.
This change of deeming transfers as 'approved' streamlines the transfer process and
provides greater certainty for approved providers. If the approved provider does not
receive a response to the contrary, the transfer is deemed to be approved which allows
the transfer to take place on the proposed transfer day.
6
New subsection 16-13(2) specifies the requirements for the transfer notice, such as the
form and information to be included.
New subsection 16-13(3) specifies the particular information that must be included in
the transfer notice.
New subsection 16-13(4) specifies the period of time before the proposed transfer day
that the transfer notice must be given to the Secretary, subject to the Secretary being
able to determine another period under new subsection 16-13(5). If the transferee is
already an approved provider under section 8-1, the period is at least 60 days before
the proposed transfer day. If the transferee is not already an approved provider under
section 8-1, the period is at least 90 days before the proposed transfer day.
New subsection 16-13(5) provides for the Secretary, at the request of the transferor
and transferee, to determine another period for the transfer notice to be given before
the proposed transfer day as opposed to those outlined in new subsection 16-13(4).
For example, the transferor and the transferee may ask the Secretary to shorten or
extend the notice period to facilitate the sale of the business and ensure commercial
deals do not lapse.
New subsection 16-13(6) provides that in determining another period under new
subsection 16-13(5), the Secretary must consider any matters set out in the Allocation
Principles. Amendments will be made to the Allocation Principles under a separate
process.
New subsection 16-13(7) provides for the Secretary to give written notice of their
decision to determine another period under new subsection 16-13(5) to the transferor
and transferee.
New subsection 16-13(8) provides that if information included in a transfer notice
changes, the transfer notice is taken to have not been given unless the transferor and
transferee give the Secretary written notice of the changes. This provision is included
to ensure that the decision whether or not to veto the transfer is made by the Secretary
with the most up to date and accurate information.
New section 16-14 specifies the factors the Secretary must consider and be satisfied of
after receiving the transfer notice. If the Secretary is not satisfied of the matters in this
section, the Secretary may issue a veto notice rejecting the transfer under new
section 16-17. This ensures that the needs of future care recipients are still being
considered and the Secretary will continue to ensure that transfers of places will not
have a detrimental effect on future care recipients.
New section 16-15 enables the Secretary to issue a notice to resolve if there are any
issues of concern in the transfer notice. The notice to resolve must be issued by the
Secretary within 28 days of receiving the transfer notice. The transferee and transferor
will then have 28 days, or such shorter period as specified in the notice, to make
submissions regarding the concerns raised by the Secretary. If the issues specified in
the notice remain of concern to the Secretary, the Secretary may issue a veto notice
rejecting the transfer under new section 16-17.
7
The decision to issue a notice to resolve is not a reviewable decision under section
85-1 of the Aged Care Act. However, the transferor and the transferee are able to
make submissions in response to the notice to resolve meaning that any issues with
the notice can be addressed then.
Before the amendments proposed in this Bill, the Secretary was able to request further
information in relation to an application for transfer but was unable to issue a notice to
resolve. If a matter in an application for transfer was of concern, the Secretary could
only reject the application, meaning the approved provider would have to reapply for
the transfer once any issues had been rectified. The insertion of new section 16-15
into the Aged Care Act will enable the Secretary to raise matters of concern, including
requesting further information, and receive a response before making the decision of
whether to issue a veto notice under new section 16-17. This will reduce red tape for
approved providers as there is less change they will need to submit a new transfer
notice in order to address the concerns of the Secretary.
New subsection 16-16(1) stipulates that a proposed transfer day, as specified in the
transfer notice, will become a later day if the Secretary;
(a) is given notice of changes to information included in the transfer notice under
new subsection 16-13(8) within 28 days of the proposed transfer day; or
(b) issues a notice to resolve under new section 16-15.
The note at the end of new subsection 16-16(1) confirms that this section may operate
multiple times in respect of one transfer, for example, if changes to the information in
the transfer notice within 28 days of the proposed transfer day occur more than once.
New subsection 16-16(2) states that, subject to new subsection 16-16(3), if the matters
set out in subsection 16-16(1) occur the proposed transfer day will become the 29th
day after the changing proposed transfer day.
New subsection 16-16(3) states that if the transferor and transferee agree in writing
for the proposed transfer day to be another day that is later than the 29th day after the
changing proposed transfer day, and the Secretary also agrees in writing to the other
day, that this day will become the proposed transfer day.
New section 16-17 specifies the circumstances in which the Secretary can issue a veto
notice disallowing the transfer. The veto notice must be given to the transferor and
transferee at least seven days before the proposed transfer day. Enabling the
Secretary to veto proposed transfers ensures that only appropriate transfers will
proceed. This fundamentally ensures that adequate and appropriate care will be
provided to the older Australians affected by the transfer. The decision to issue a veto
notice rejecting the transfer is a reviewable decision under section 85-1 of the Aged
Care Act.
New section 16-18 relates to the transfers of provisionally allocated places to a
residential care service that has extra service status. If the Secretary is not satisfied
that either new subsection 16-18(1) or 16-18(2) apply, the Secretary may issue a veto
notice rejecting the transfer under new section 16-17.
8
New section 16-19 provides for the transfer of a provisionally allocated place to take
effect on the transfer day. The transfer day is either the proposed transfer day as
specified in the transfer notice or another day that is the proposed transfer day as
determined by the operation of this Division.
This new section also clarifies that a transfer does not occur on transfer day if a veto
notice rejecting the transfer has been given and is in effect or the transferee is not an
approved provider. This changes proposed in this bill reduce regulation as they clarify
that the Secretary no longer needs to approve a transfer before it takes effect. The
approved providers can therefore expect the transfer to take place on the proposed
transfer day unless they receive a veto notice. The ability of the Secretary to issue a
veto notice rejecting the transfer ensures that only transfers that will provide adequate
arrangements for future care for older Australians will proceed.
New section 16-20 specifies the effect of a transfer of a provisionally allocated place.
The intent of this provision is to ensure there is continuity of the obligations and
responsibilities of the outgoing approved provider transfer to the incoming approved
provider along with the provisionally allocated places.
New section 16-21 relates to information that may be given from the Secretary to the
transferee. This provision essentially replicated the existing section 16-21. It enables
the Secretary to release certain information to the incoming approved provider that
might otherwise be restricted by the protected information provisions in Division 86.
This provision can be used to authorise the disclosure of information, for example to
facilitate the smooth transfer of responsibilities between approved providers.
Item 2 - Paragraph 31-3(1)(b)
This item will omit the words ", 16-8(2) or 16-20(2)" and substitute them with "or
Division 16". This change is consequential to the repeal of the previous sections 16-8
and 16-20 and the insertion of the new Division 16 as found in item 1 above.
Item 3 - Paragraph 63-1(1)(e)
This item will omit the words "section 16-10" and substitute them with
"section 16-11". This change is consequential to the repeal of the previous section 16-
10 and the insertion of the new section 16-11 as found in item 1 above.
Item 4 - Section 85-1 (table items 10 to 12C)
This item will repeal items 10 to 12C of the table at the end of section 85-1 of the
Aged Care Act and substitute new items 10 and 11. These changes are consequential
to the repeal of the previous Division 16 and the insertion of new Division 16 in item
1 above.
New item 10 specifies that a decision by the Secretary to issue a veto notice rejecting
the transfer of an allocated place, other than a provisionally allocated place, under
new subsection 16-6(1) is a reviewable decision.
New item 11 specifies that a decision by the Secretary to issue a veto notice rejecting
the transfer of a provisionally allocated place under new subsection 16-17(1) is a
reviewable decision.
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Item 5 - At the end of subsection 85-2(1)
This item will add a note at the end of subsection 85-2(1) confirming that this
subsection cannot apply to decisions under Division 16. This clarifies that if no
response is given to the transfer notice given under new subsection 16-2(1) and
16-13(1), it will not be taken to have been rejected.
Transfer notices are not applications as provided for in paragraph 85-2(1)(a). There is
also no period specified for the Secretary giving notice of their decision for approval
as required for paragraphs 85-2(1)(b) and (c). If no response is received by the
Secretary after the transfer notice has been given to the Secretary, the transfer is
deemed to be approved which allows the transfer to take place on the proposed
transfer day.
Item 6 - Subsection 89-1(2)
This item will omit the words "section 16-10" and substitute them with the words
"section 16-11". This change is consequential to repeal of the previous Division 16
and the insertion of the new section 16-11 as found in item 1 above.
Item 7 - Application and savings provisions
This item provides that changes made to Division 16 of the Aged Care Act, by item 1
above, apply to all allocated places or provisionally allocated places, whether the
allocation occurred before, on or after commencement of this Schedule.
It also provides that the previous Division 16 of the Aged Care Act, as was in force
immediately before the commencement of this Schedule continues to apply on or after
commencement in relation to applications for the transfer of places, and applications
for the transfer of provisionally allocated places, that were made before
commencement of this item.
SCHEDULE 2 -- AMENDMENT OF THE AGED CARE ACT
Provisionally Allocated Places
Item 1 - Subsection 15-7(1)
Item 2 - Paragraph 15-7(2)(b)
These items omit the words "2 years" (wherever occurring) and substitute them with
the words "4 years". This change extends the provisional allocation period to
four years and aims to reduce red tape for approved providers by reducing the need to
apply for extensions. This means that after a place is provisionally allocated, the
approved provider will have four years to become ready to provide care. Currently,
approved providers only have two years to build a new facility or refurbish an existing
facility. The amendments proposed by this Bill mean approved providers have longer
to prepare facilities and will not be required to seek as many extensions.
Item 3 - Paragraphs 15-7(3)(b) and (c)
This item repeals paragraphs 15-7(3)(b) and (c) and substitutes a new paragraph (b)
which specifies circumstances in which the Secretary must extend a provisional
allocation period. The Secretary will only be able to grant a first or second extension
where the extension is justified in the circumstances. The Secretary will only be able
10
to grant a third or further extension if exceptional circumstances justify the granting of
a further extension. This change aims to ensure that care is provided to older
Australians in a reasonable timeframe by encouraging approved providers to make
their provisionally allocated take effect in a timely manner. It removes the ability for a
provisionally allocated place to be allocated without care being provided for an
indefinite period of time unless there are exceptional circumstances.
Item 4 - After subsection 15-7(3)
This item inserts new subsection 15-7(3A) which provides for the Allocation
Principles to specify matters that must be regarded when considering whether
exceptional circumstances justify a further extension being granted.
Item 5 - Paragraph 15-7(5)(b)
This item makes technical changes consequential on omitting part of subsection 15-
7(5) in item 6 below.
Item 6 - Subsection 15-7(5)
This item will omit the words "and, within that period notify that the person
accordingly." This change is consequential to the insertion of 15-7(5A) in item 7
below.
Item 7 - After subsection 15-7(5)
This item will insert new subsection 15-7(5A). This amendment specifies the time
period for notice to be given about a decision to grant an extension or reject the
application for an extension.
Item 8 - Subsection 15-7(6)
This item will omit the words "unless the Secretary is satisfied that the applicant
meets the criteria in the Allocation Principles for increasing or decreasing the period
of the extension". This change aims to streamline the management of places by
clarifying that any extensions granted are only for 12 months.
Item 9 - At the end of section 15-7
This item will add new subsection 15-7(7) which specifies when the provisional
application period ends after an application for an extension is rejected. This
amendment includes reference to when there is no further reconsideration or review of
the decision. This includes any reconsideration under sections 85-4 or 85-5 of the
Aged Care Act and any subsequent tribunal or court proceedings.
Item 10 - Application provision
This item provides that the changes made to section 15-7 of the Aged Care Act, by
items 1 to 9 above, will apply to places provisionally allocated before, on or after the
commencement of this Part.
These changes apply to places provisionally allocated before commencement in order
to streamline the management of provisionally allocated places and encourage the
timely provision of aged care. The changes will be deemed to apply from the time
which the provisional allocation was made. The provisional allocation period that
applies will be based on the amount of years the place has been allocated as outlined
in the table below.
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The capping of the extensions available at two years for allocations made before
commencement, unless there are exceptional circumstances, may represent a
disadvantage for approved providers who were previously able to apply for an
unlimited amount of extensions. However, it is necessary that this change applies to
these allocations in order to ensure that residential aged care is delivered to older
Australians within reasonable timeframes. It is essential that these places do not
remain allocated without taking effect for a substantial period of time unless there are
exceptional circumstances.
Length of time since provisional Provisional Allocation Period that
allocation was made Applies
0 years Provisional allocation period of 4 years
1 year 1 year into the provisional allocation
period of 4 years (3 years remaining)
2 years 2 years into the provisional allocation
period of 4 years (2 years remaining)
3 years 3 years into the provisional allocation
period of 4 years (1 year remaining)
4 years Will have to apply for 12 month
extension and show the extension is
justified in the circumstances
5 years Will have to apply for 12 month
extension and show the extension is
justified in the circumstances
6+ years Will have to apply for 12 month
extension and show that exceptional
circumstances justify the further
extension. If the Secretary is not satisfied
that exceptional circumstances justify a
further extension, the provisional
allocation will lapse and the places will
return to the Department for future
reallocation.
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