124Variation of registration on application by registered provider

124  Variation of registration on application by registered provider

 (1) The Commissioner may, on application by a registered provider, vary the registration of a registered provider to:

 (a) register the provider in a new provider registration category; or

 (b) remove the provider from being registered in a provider registration category; or

 (c) vary or revoke a condition to which the registration is subject under section 143; or

 (d) impose a new condition to which the registration is subject under that section; or

 (e) add a new approved residential care home in relation to the provider to be covered by the registration; or

 (f) remove an approved residential care home from the approved residential care homes covered by the registration.

 (a) be in the approved form; and

Note: The Commissioner is not required to make a decision on the application if this subsection is not complied with (see section 589).

Requirements for variations

 (3) However, the Commissioner must not vary the registration unless:

 (a) the Commissioner considers it appropriate in all the circumstances to do so; and

 (b) for a variation to register the provider in a new provider registration category—the Commissioner is satisfied of all the matters referred to in subsection 109(2) in relation to the provider and the category.

Additional considerations for adding or removing approved residential care homes

 (4) In deciding whether to add a new approved residential care home to be covered by a registered provider’s registration, the Commissioner must have regard to:

 (a) whether the home is covered by another registered provider’s registration; and

 (b) if so—whether the other provider has put appropriate arrangements in place to ensure continuity of care for individuals at the home.

Note: A registered provider must comply with any requirements prescribed by the rules relating to continuity of funded aged care services for individuals: see section 149.

 (5) In deciding whether to remove an approved residential care home from the approved residential care homes covered by a registered provider’s registration, the Commissioner must have regard to whether the provider has put appropriate arrangements in place to ensure continuity of care for individuals at the home.

Note: A registered provider must comply with any requirements prescribed by the rules relating to continuity of funded aged care services for individuals: see section 149.