Administrative Review Tribunal Rules 2024

PART 5 - MISCELLANEOUS  

Division 2 - Fees  

Subdivision D - General provisions  

SECTION 30  

30   DECISIONS FOR WHICH APPLICATION FEE IS NOT PAYABLE  


No fee is prescribed in respect of:

(a)    an application for review of a decision mentioned in the following table; or

(b)    an application under section 123 of the Act to the President to refer a decision of the Tribunal to the guidance and appeals panel, if the Tribunal ' s decision was made on review of a decision mentioned in the following table.


Decisions for which application fee is not payable
Item Decision
1 A decision under paragraph 29(1)(f) or section 31
2 A decision under each of the following provisions of the Aged Care Act 1997 that has been reconsidered under section 85-4 or 85-5 of that Act:
  (a) subsection 22-1(2);
  (b) subsection 22-2(1);
  (c) subsection 22-2(3);
  (d) subsection 22-2(4);
  (e) paragraph 22-5(2)(b);
  (f) subsection 22-5(3);
  (g) subsection 23-4(1)
3 A decision under the family assistance law within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 for which application is made for ART review, within the meaning of that Act, or second review
4 A decision referred to in section 89 of the Child Support (Registration and Collection) Act 1988 where the application is for ART review, within the meaning of that Act, of the decision
5 A decision under a determination under section 58B of the Defence Act 1903
6 A decision of the Commonwealth Superannuation Corporation reviewable under section 107 of the Defence Force Retirement and Death Benefits Act 1973
7 A decision under the Defence Service Homes Act 1918
8 A decision under Part III of the Disability Services Act 1986 (as that Part continues to apply under item 8 of Schedule 3 to the Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Act 2023 )
9 A decision reviewable under the Freedom of Information Act 1982 , being a decision made in relation to a document that relates to a decision specified in items 2 to 23
10 A decision under section 27 of the Lands Acquisition Act 1989
11 A decision under the Military Rehabilitation and Compensation Act 2004 (including a decision under the Motor Vehicle Compensation Scheme determined under section 212 of that Act)
12 A decision under the National Disability Insurance Scheme Act 2013
13 A decision under the Paid Parental Leave Act 2010 where the application is for ART review, within the meaning of that Act, of the decision
14 A decision under the Papua New Guinea (Staffing Assistance) Act 1973
15 A decision under the Safety, Rehabilitation and Compensation Act 1988
16 A decision under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
17 A decision under the Seafarers Rehabilitation and Compensation Act 1992
18 A decision under the social security law within the meaning of the Social Security Act 1991 (whether the application is for ART review, within the meaning of that Act, of the decision, or second review)
19 A decision under the Student Assistance Act 1973 other than a decision under Division 6 of Part 4A of that Act (whether the application is for ART review, within the meaning of that Act, of the decision, or second review)
20 A decision under the Superannuation Act 1976
21 A decision that is a reviewable objection decision under Part IVC of the Taxation Administration Act 1953 which relates to an application made by the applicant under section 340-5 of Schedule 1 to that Act
22 A decision under the Veterans ' Entitlements Act 1986
23 A decision under a legislative instrument under the Veterans ' Entitlements Act 1986

Note:

Item 3 does not cover a decision under the family assistance law within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 for which application is made for ART child care provider review within the meaning of that Act.


 

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