Part 9
-
Review of Decisions
Division 1
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Internal review
SECTION 303
SECRETARY MAY REVIEW DECISIONS
303(1)
Decisions that Secretary may review
The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision.
303(2)
Decisions that are not reviewed
Subsection (1) does not apply to a decision of the Secretary that relates to the Secretary
'
s powers under section
327
to settle proceedings before the Administrative Appeals Tribunal.
History
S 303(2) amended by No 60 of 2015, s 3 and Sch 7 item 4, by omitting
"
section 327
"
for
"
section 326A
"
, effective 1 July 2015.
303(2A)
Subsection (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP.
Applications to AAT
303(3)
The Secretary may review a decision even if an application has been made to the AAT for a review in relation to the decision.
History
S 303(3) substituted by No 60 of 2015, s 3 and Sch 7 item 5, effective 1 July 2015. S 303(3) formerly read:
303(3)
Applications to Tribunals
The Secretary may review a decision even if an application has been made to the Social Security Appeals Tribunal or the Administrative Appeals Tribunal for review of the decision.
303(4)
Secretary may affirm, vary or substitute
The Secretary may:
(a)
affirm the decision; or
(b)
vary the decision; or
(c)
set the decision aside and substitute a new decision.
303(5)
(Repealed by No 60 of 2015)
History
S 303(5) repealed by No 60 of 2015, s 3 and Sch 7 item 6, effective 1 July 2015. S 303(5) formerly read:
303(5)
Notice to Principal Member
If:
(a)
the Secretary makes a decision under subsection (4); and
(b)
when the Secretary makes that decision, a person has applied to the Social Security Appeals Tribunal for review of the decision that was reviewed by the Secretary;
the Secretary must give the Principal Member written notice of the Secretary
'
s decision under subsection (4).
S 303(5) amended by No 98 of 2014, s 3 and Sch 2 item 6, by substituting
"
Principal Member
"
for
"
National Convener
"
, effective 12 September 2014.
Notice to AAT Registrar
303(6)
If the Secretary makes a decision under subsection (4) after a person has applied to the AAT for a review in relation to the decision, the Secretary must give written notice of the Secretary
'
s decision to the Registrar of the AAT.
History
S 303(6) substituted by No 60 of 2015, s 3 and Sch 7 item 6, effective 1 July 2015. S 303(6) formerly read:
303(6)
Notice to AAT Registrar
If:
(a)
the Secretary makes a decision under subsection (4); and
(b)
when the Secretary makes that decision, a person has applied to the Administrative Appeals Tribunal for review of the decision that was reviewed by the Secretary;
the Secretary must give the Registrar of the Administrative Appeals Tribunal written notice of the Secretary
'
s decision under subsection (4).
303(7)
Event taken to have occurred
If:
(a)
the Secretary sets a decision aside under subsection (4); and
(b)
the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.
History
S 303 amended by Nos 45 and 93 of 1998; No 155 of 1995 and inserted by No 183 of 1994.