Document ID: chunk:federal_register_of_legislation:F2025C00071:reg:52:p1
Version: federal_register_of_legislation:F2025C00071
Segment Type: reg
Provision Reference: reg 52 (pt 1/2)
Character Range: 65555–68522

52  Determination in relation to residential care service that has been significantly refurbished
 (1) If the Secretary receives an application under subsection 51(1) from an approved provider of a residential care service, the Secretary may determine, in writing, that the service is a significantly refurbished residential care service.
Note 1: The Secretary must not make a determination under this subsection in certain circumstances (see subsection (2) and section 54).
Note 2: A determination under this subsection is not a legislative instrument (see section 58).
Note 3: A decision to refuse to make a determination under this subsection is a reviewable decision under section 85‑1 of the Act (see section 59 of these principles).
 (2) The Secretary must not make a determination under subsection (1) unless the Secretary is satisfied of the following:
 (a) the refurbishment was completed on or after 20 April 2012;
 (b) the alterations, updates, upgrades or other improvements that have been made to the service have resulted in the service being significantly different in form, quality or functionality after the refurbishment;
 (c) a significant proportion of the areas of the service that have been refurbished are areas that are accessible to, and for the use of, care recipients who are being provided with residential care through the service;
 (d) the refurbishment provides significant benefits to assisted residents, concessional residents, low‑means care recipients or supported residents who are being provided with residential care through the service;
 (e) the relevant costs of the refurbishment will be capitalised for the purposes of the Australian accounting standards because:
 (i) the refurbishment consisted of structural improvements; or
 (ii) those costs can be depreciated because they relate to fixtures, fittings or anything that can be removed intact;
 (f) the refurbishment:
 (i) has resulted in at least 40% of the care recipients being provided with residential care through the service having a care recipient's room that has been significantly refurbished; or
 (ii) provides a significant benefit to at least 40% of the care recipients being provided with residential care through the service; or
 (iii) consisted of an extension to the service involving an increase of at least 25% of the number of care recipient's rooms in the service;
 (g) the proportion of the total number of care recipient's rooms in the service that are available after the refurbishment for assisted residents, concessional residents, low‑means care recipients or supported residents is equivalent to, or higher than, the proportion of the total number of care recipient's rooms in the service that were available before the refurbishment for assisted residents, concessional residents, low‑means care recipients or supported residents;
 (h) the refurbishment cost in relation to the service is at least the minimum monetary spend amount in relation