Document ID: chunk:federal_register_of_legislation:F2025C00092:reg:64n
Version: federal_register_of_legislation:F2025C00092
Segment Type: reg
Provision Reference: reg 64N
Character Range: 69051–70930

64N  Specialised ATSI status

Specialised ATSI status during ATSI transition period
 (1) A residential care service has specialised ATSI status on each day during the ATSI transition period for the service if:
 (a) the service had a street address that is in the MM category known as MM 6 or MM 7 on a day (the test day) during the payment period beginning on 1 June 2022; and
 (b) either:
 (i) on the test day; or
 (ii) on a day during at least 8 of the payment periods occurring between 1 July 2021 and 30 June 2022;
  at least 50% of the care recipients (including continuing care recipients) provided with residential care as non‑respite care through the service were Aboriginal or Torres Strait Islander persons; and
 (c) if an election in relation to the service may be given to Secretary under section 64S—no such election has been given to Secretary.
 (2) The ATSI transition period for a residential care service is the period that:
 (a) begins on 1 October 2022; and
 (b) ends at the earliest of the following:
 (i) the end of 31 March 2023;
 (ii) if the specialised ATSI status of the service is revoked under Division 3 of this Part—when the revocation takes effect;
 (iii) if an election in relation to the service has been given to the Secretary in accordance with section 64S—immediately before the first day of the first payment period that begins after the election is given.

Determination of specialised ATSI status
 (3) A residential care service has specialised ATSI status on a day if:
 (a) a determination has been made under subsection 64Q(2) in relation to the service; and
 (b) the day is a day during the period specified in the notice relating to the determination that was given under subsection 64Q(4).
Note: The period specified in the notice may end earlier if the specialised ATSI status of the service is revoked under Division 3 of this Part.