95System Governor may decide to allocate a place

95  System Governor may decide to allocate a place

 (1) If the Minister determines that a place is available for allocation under subsection 94(1), the System Governor may decide whether to allocate the place to an entity.

 (2) If the place is for delivering funded aged care services under the Transition Care Program, the entity must make an application for the allocation of the place in accordance with the application process and any other requirements prescribed by the rules.

 (3) If the place is for delivering funded aged care services under the Multi‑Purpose Service Program, the allocation may be made on the request of the entity or on the System Governor’s own initiative.

 (4) The System Governor must not allocate the place to the entity unless satisfied of the following:

 (a) for the allocation of a place for the Transition Care Program:

 (i) the allocation of the place is consistent with the terms and conditions of the specialist aged care program agreement under section 247 with the State or Territory in which the funded aged care services will be delivered under the place; and

 (ii) any other requirements prescribed by the rules are met;

 (b) for the allocation of a place for the Multi‑Purpose Service Program:

 (i) if the place is for delivering funded aged care services through the service group residential care at a specified location—the total number of beds at the location is equal to or greater than the number of places; and

 (ii) any other requirements prescribed by the rules are met;

 (c) for the allocation of any place—the allocation of the place is likely to contribute to quality and safe funded aged care services being delivered to individuals.

 (5) Before allocating the place to the entity, the System Governor must consider:

 (a) the objectives of the specialist aged care program that the place is for and how many places are available under section 94 for allocation for that program; and

 (b) the community needs in locations where individuals are expected to be able to access funded aged care services using the place; and

 (c) the Statement of Principles; and

 (d) any information or documents given by the entity in relation to the allocation of the place.