137Variation of approval on application by registered provider

137  Variation of approval on application by registered provider

 (1) The Commissioner may, on application by a registered provider, vary the approval of an approved residential care home in relation to the provider by varying the total number of beds covered by the approval.

 (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).

 (3) However, the Commissioner must not vary the approval of an approved residential care home under subsection (1) by reducing the total number of beds covered by the approval unless:

 (a) the Commissioner is satisfied that the number of beds available in the home is likely to be reduced for the period prescribed by the rules; and

 (b) the Commissioner considers it appropriate in all the circumstances to do so, having regard to the number of beds in the home reserved by individuals on the day the variation is made.