Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 (116 of 2019)

Schedule 4   Transitional, application, saving and other provisions

Part 4   Reconsideration and review of decisions

29   Request for reconsideration of pre-transition decisions relating to approval etc.

(1) This item applies in relation to a decision of a kind mentioned in item 1, 3, 54 or 55 of the table in section 85-1 of the Aged Care Act if:

(a) the decision was made before the transition time; and

(b) immediately before that time, the period (the reconsideration period ) referred to in subparagraph 85-5(3)(a)(i) of that Act during which a person (the relevant person ) may make a request for the reconsideration of the decision has not ended.

(2) Sections 74K and 74L of the Commission Act apply, after the transition time, in relation to the decision as if:

(a) the decision were a reviewable decision of the same kind; and

(b) the relevant person were the affected person for the reviewable decision; and

(c) paragraph 74K(2)(c) of that Act were replaced with the following paragraph:

"(c) be given to the Commissioner before the end of the reconsideration period.".