Document ID: chunk:federal_register_of_legislation:F2025C00092:reg:64p
Version: federal_register_of_legislation:F2025C00092
Segment Type: reg
Provision Reference: reg 64P
Character Range: 70930–72685

64P  Application for determination that residential care service has specialised ATSI status
 (1) An approved provider may apply to the Secretary for a determination that a residential care service operated by the provider has specialised ATSI status.
 (2) The application must:
 (a) be made in writing; and
 (b) be in a form approved by the Secretary (if any); and
 (c) be accompanied by any documents or information specified by the Secretary.

Request for further information
 (3) If the Secretary needs further information to make a decision on the application, the Secretary may, by written notice, request the approved provider to give further information to the Secretary within 28 days after the notice is given.
 (4) If the approved provider does not give the requested further information within the period mentioned in subsection (3), the application is taken to be withdrawn at the end of that period.
 (5) A notice given under subsection (3) must set out the effect of subsection (4).

Bar on application if previous specialised ATSI status revoked
 (6) If:
 (a) the residential care service previously had specialised ATSI status on a day; and
 (b) that status of the service was revoked under section 64X;
the approved provider must not make an application in relation to the service under subsection (1) until at least 3 months have passed since that revocation took effect.
 (7) If subsection (6) applies in relation to an approved provider in respect of a residential care service, then both of the following apply:
 (a) the Secretary is not required to consider an application made under subsection (1) in relation to the service before the end of the period specified in subsection (6);
 (b) the application is taken to be withdrawn.