Document ID: chunk:federal_register_of_legislation:F2025C00092:reg:64q
Version: federal_register_of_legislation:F2025C00092
Segment Type: reg
Provision Reference: reg 64Q
Character Range: 72685–75216

64Q  Determination that residential care service has specialised ATSI status
 (1) This section applies if an approved provider makes an application under subsection 64P(1) for a determination that a residential care service has specialised ATSI status.

Determination by Secretary
 (2) The Secretary must determine that the residential care service has specialised ATSI status if the Secretary is satisfied that:
 (a) on the day before the application was made, the service had a street address that is in the MM category known as MM 6 or MM 7; and
 (b) on the day before the application was made, 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) the approved provider, or an individual who is one of the key personnel of the provider, has demonstrated experience in providing, or the capacity to provide, specialist ATSI programs; and
 (d) either:
 (i) the service is providing specialist ATSI programs; or
 (ii) the provider has given a written undertaking that the service will begin providing specialist ATSI programs within 3 months after the application is made.
 (3) In deciding whether to make a determination under subsection (2), the Secretary may have regard to any information that the Secretary considers relevant (including information that has become available since the application was made).

Notice of making of determination
 (4) If the Secretary decides to make a determination under subsection (2) that the residential care service has specialised ATSI status, the Secretary must give the approved provider written notice of the following:
 (a) the decision;
 (b) that the service has specialised ATSI status on each day during the period that:
 (i) begins on the first day of the first payment period that begins after the date of the notice; and
 (ii) ends at the end of the 3 year period beginning on that first day unless that status of the service is revoked earlier under Division 3 of this Part.

Notice of decision not to make determination
 (5) If the Secretary decides not to make a determination under subsection (2) that the residential care service has specialised ATSI status, the Secretary must give the approved provider written notice of the following:
 (a) the decision;
 (b) the reasons for the decision;
 (c) that the provider may apply for reconsideration of the decision under section 64Z.

Division 2—Specialised homeless status