92Allocation of places to individuals

92  Allocation of places to individuals

 (1) If the System Governor considers, at a time during a financial year, that a place for a service group is available in accordance with a determination made under subsection 91(1), the System Governor may allocate the place to an individual who:

 (a) if the place is for a classification type for a service group for which an individual is required to have a priority category under subsection 86(1):

 (i) if the System Governor considers, in accordance with paragraph 91(2)(a), that the place is for a particular classification type or particular classification level in a classification type for the service group—has been determined to have a priority category under subsection 86(1) for the classification type for the service group; or

 (ii) otherwise—has been determined to have a priority category under subsection 86(1) for any classification type for the service group; or

 (b) if the place is for a classification type (other than hospital transition) for a service group for which an individual is not required to have a priority category under subsection 86(1)—has an access approval that includes the classification type for the service group.

 (1A) However, subsection (1) does not apply in relation to an individual and a classification type for a service group if:

 (a) the classification type for the service group is ongoing for home support; and

 (2) If there is a method or procedure for allocating the place that is prescribed by rules made for the purposes of subsection 93(2), the System Governor must allocate the place using that method or procedure.

 (3) The System Governor must give written notice of the allocation of a place under subsection (1) to the individual.

 (4) A notice under subsection (3) must include:

 (a) the classification type for the service group for which the individual has been allocated a place; and

 (b) if the service group is residential care—the day the place is allocated; and

 (c) if the service group is home support, assistive technology or home modifications:

 (i) information about when the place takes effect or is taken to be withdrawn in accordance with section 92A; and

 (ii) for the service group home support—whether the place is an interim place or a full place.

 (5) The System Governor’s power to allocate places to an individual under subsection (1) must be exercised in the 2025‑26 financial year so that:

 (a) a number of places equal to, or greater than, the guaranteed (tranche 1) number (within the meaning of section 91) are allocated to individuals for the service group home support by the end of 31 December 2025; and