Document ID: chunk:federal_register_of_legislation:F2025C00092:reg:64x
Version: federal_register_of_legislation:F2025C00092
Segment Type: reg
Provision Reference: reg 64X
Character Range: 84084–86035

64X  Revocation of specialised ATSI status by the Secretary
 (1) If:
 (a) a residential care service operated by an approved provider has specialised ATSI status on a day; and
 (b) the Secretary is satisfied that:
 (i) the ATSI care percentage for the service for 3 consecutive payment periods is less than 50%; or
 (ii) if a determination was made under subsection 64Q(2) in relation to the service—the service did not provide specialist ATSI programs on any day after the end of the period of 3 months after the application for that determination was made;
the Secretary may revoke that status of the service.

ATSI care percentage
 (2) The ATSI care percentage for a residential care service for a payment period is worked out using the following formula:
where:
care for all residents means the total number of days in the payment period on which the residential care service provided residential care as non‑respite care to each care recipient who is approved under Part 2.3 of the Act as a recipient of that kind of care.
care for ATSI residents means the total number of days in the payment period on which the residential care service provided residential care as non‑respite care to each care recipient:
 (a) who the Secretary is satisfied is an Aboriginal or Torres Strait Islander person; and
 (b) who is approved under Part 2.3 of the Act as a recipient of that kind of care.

Notice of revocation of specialised ATSI status
 (3) If the Secretary decides to revoke the specialised ATSI status of a residential care service under subsection (1), the Secretary must give the approved provider written notice of the following:
 (a) the decision;
 (b) the reasons for the decision;
 (c) that the revocation takes effect on the first day of the first payment period that begins after the date of the notice;
 (d) the effect of subsections 64P(6) and (7);
 (e) that the provider may apply for reconsideration of the decision under section 64Z.