Student Assistance Act 1973

Part 9 - Review of Decisions  

Division 1 - 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.

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.

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(Repealed by No 60 of 2015)



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.

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.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.