Document ID: chunk:federal_register_of_legislation:F2025C00071:reg:53:p1
Version: federal_register_of_legislation:F2025C00071
Segment Type: reg
Provision Reference: reg 53 (pt 1/3)
Character Range: 69759–72684

53  Determination in relation to residential care service that is proposed to be significantly refurbished
 (1) If the Secretary receives an application under subsection 51(2) 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, subject to the condition that the determination does not take effect unless:
 (a) after the refurbishment is completed, the approved provider gives the Secretary, in a form approved by the Secretary, the information about the refurbished service referred to in subsection (3); and
 (b) the Secretary notifies the approved provider under paragraph (5)(b) that he or she is satisfied, having regard to the information given by the approved provider, that the requirements referred to in paragraphs (3)(a) to (h) are met in relation to the refurbished 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 proposed refurbishment includes alterations, updates, upgrades or other improvements to the service that will result in the service being significantly different in form, quality or functionality after the refurbishment;
 (b) a significant proportion of the areas of the service that are proposed to be refurbished are areas that are accessible to, and for the use of, care recipients who will be provided with residential care through the service;
 (c) the proposed refurbishment will provide significant benefits to assisted residents, concessional residents, low‑means care recipients or supported residents who will be provided with residential care through the service;
 (d) the relevant costs of the proposed refurbishment will be capitalised for the purposes of the Australian accounting standards because:
 (i) the proposed refurbishment will consist of structural improvements; or
 (ii) those costs will be able to be depreciated because they will relate to fixtures, fittings or anything that can be removed intact;
 (e) the proposed refurbishment:
 (i) will result in at least 40% of the care recipients who will be provided with residential care through the service having a care recipient's room that has been significantly refurbished; or
 (ii) will provide a significant benefit to at least 40% of the care recipients who will be provided with residential care through the service; or
 (iii) will consist of an extension to the service involving an increase of at least 25%