Document ID: chunk:federal_register_of_legislation:F2025C00092:reg:64z
Version: federal_register_of_legislation:F2025C00092
Segment Type: reg
Provision Reference: reg 64Z
Character Range: 88140–90212

64Z  Reconsideration of certain decisions on request

Request for reconsideration
 (1) An approved provider that operates a residential care service may request the Secretary to reconsider a decision (the reviewable decision) of the following kind:
 (a) a decision not to make a determination under subsection 64Q(2) in relation to the service;
 (b) a decision not to make a determination under subsection 64U(2) in relation to the service;
 (c) a decision to revoke the specialised ATSI status of the service under subsection 64X(1);
 (d) a decision to revoke the specialised homeless status of the service under subsection 64Y(1).
 (2) The request must:
 (a) be made in writing; and
 (b) set out the reasons for the request; and
 (c) be given to the Secretary within 28 days after the approved provider is notified of the reviewable decision.

Reconsideration by the Secretary
 (3) If an approved provider makes a request under subsection (1) for the reconsideration of a reviewable decision, the Secretary must:
 (a) personally reconsider the decision; or
 (b) cause the decision to be reconsidered by a delegate of the Secretary who:
 (i) was not involved in making the decision; and
 (ii) occupies a position that is at least the same level as that occupied by the person who made the decision.
 (4) After reconsidering the reviewable decision, the Secretary or delegate (as the case may be) must:
 (a) affirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.
 (5) The Secretary or delegate (as the case may be) must give written notice of the following to the approved provider:
 (a) the decision made under subsection (4);
 (b) the date that decision takes effect;
 (c) the reasons for that decision.
 (6) The Secretary or delegate (as the case may be) is taken to have affirmed the reviewable decision if a notice under subsection (5) is not given to the approved provider within 28 days after the provider's request was received by the Secretary.

Part 3—Basic subsidy amount

Division 1—Purpose of this Part