PART 5
-
REVIEW OF DECISIONS
Note:
This Part does not apply in relation to any decision of the Secretary under Division
5
of Part
4
(about departure prohibition orders).
History
Pt 5 amended by No 55 of 2016, s 3 and Sch 13 item 4, by inserting the note, applicable in relation to:
(a) a debt that arises on or after 1 January 2017; and
(b) a debt that arose before 1 January 2017, to the extent that the debt was outstanding immediately before 1 January 2017.
CCH Note:
No 53 of 2008, s 3 and Sch 1 item 64 contains the following transitional provision:
Transitional
-
varying CCB % determinations
Secretary may vary CCB % determinations between commencement and 6 July 2008
(1)
If:
(a)
at the commencement of this item, a determination of CCB % under section
50J
of the Family Assistance Administration Act is in force in respect of a claimant who is an individual; and
(b)
the Secretary considers that, if the Secretary were making the determination of CCB % on 7 July 2008, the CCB % determined on 7 July (the
new CCB %
) would be different from the CCB % at commencement (the
current CCB %
);
the Secretary may, in writing, vary the determination of CCB % so that the claimant
'
s CCB % is the new CCB %.
(2)
A variation under subitem (1) has effect for the purposes of the Family Assistance Administration Act from 7 July 2008.
(3)
A variation under subitem (1) cannot be made after 6 July 2008.
Decisions to vary are reviewable
(4)
For the purposes of Part
5
of the Family Assistance Administration Act, a decision of the Secretary to vary a determination under subitem (1) is taken to be a decision of an officer under the family assistance law.
Division 2
-
Review by ART
History
Div 2 heading amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting
"
ART
"
for
"
Administrative Appeals Tribunal
"
, effective 14 October 2024.
Div 2 heading substituted by No 60 of 2015, s 3 and Sch 5 item 14, effective 1 July 2015. The heading formerly read:
Division 2
-
Review by the Social Security Appeals Tribunal
Subdivision B
-
Application for ART review
History
Subdiv B heading amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting
"
ART review
"
for
"
AAT first review
"
, effective 14 October 2024.
Subdiv B heading inserted by No 60 of 2015, s 3 and Sch 5 item 15, effective 1 July 2015.
SECTION 111A
Time limit for application for ART review
90 day time limit for most kinds of decision
111A(1)
Subject to subsections
(2)
and
(2A)
, an application for ART review of a decision, other than a decision covered by subsection
(3A)
or excepted under subsection
(5)
, must be made no later than 90 days after the person is notified of the decision.
History
S 111A(1) amended by No 38 of 2024, s 3 and Sch 3 items 23 and 209, by substituting
"
90 days
"
for
"
13 weeks
"
and
"
ART review
"
for
"
AAT first review
"
, effective 14 October 2024.
S 111A(1) amended by No 125 of 2019, s 3 and Sch 2 item 6, by inserting
"
covered by subsection (3A) or
"
, applicable in relation to a decision made under Division
2
of Part
4
relating to CCS or ACCS on or after 13 December 2019.
S 111A(1) amended by No 22 of 2017, s 3 and Sch 1 item 165, by substituting
"
subsections (2) and (2A)
"
for
"
subsection (2)
"
, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
111A(2)
The ART may, if it determines that there are special circumstances that prevented the person from making an application for ART review of a decision of the kind referred to in subsection
(1)
within the 90 days mentioned in subsection
(1)
, permit a person to make the application after the end of that period and within such further period as the ART determines to be appropriate.
History
S 111A(2) amended by No 38 of 2024, s 3 and Sch 3 items 23 and 209, by substituting
"
90 days
"
for
"
13 weeks
"
,
"
The ART
"
for
"
The AAT
"
,
"
ART review
"
for
"
AAT first review
"
and
"
the ART
"
for
"
the AAT
"
, effective 14 October 2024.
111A(2A)
An application for ART review of a child care decision about an individual
'
s entitlement to be paid CCS for a week, other than a decision excepted under subsection
(5)
, may also be made after the 90 days mentioned in subsection
(1)
if the application for review is made:
(a)
because of a review, by the Commissioner of Taxation, of a previous decision by the Commissioner about the taxable income of the individual or another person in relation to whom the individual has met the CCS reconciliation conditions for the income year in which the CCS fortnight that includes the week starts; and
(b)
within 90 days after the individual or other person was notified by the Commissioner of the outcome of the review.
History
S 111A(2A) amended by No 38 of 2024, s 3 and Sch 3 items 23 and 209, by substituting
"
90 days
"
for
"
13 weeks
"
(wherever occurring) and
"
ART review
"
for
"
AAT first review
"
, effective 14 October 2024.
S 111A(2A) inserted by No 22 of 2017, s 3 and Sch 1 item 166, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
111A(3)
Subsections
(1)
,
(2)
and
(2A)
apply despite sections
18
and
19
of the ART Act (which deal with when applications for review may be made).
History
S 111A(3) amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting
"
sections 18 and 19 of the ART Act (which deal with when applications for review may be made)
"
for
"
paragraph 29(1)(d) and subsections 29(7) to (10) of the AAT Act
"
, effective 14 October 2024.
S 111A(3) amended by No 22 of 2017, s 3 and Sch 1 item 167, by substituting
"
Subsections (1), (2) and (2A)
"
for
"
Subsections (1) and (2)
"
, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt
3A
heading.
52 week time limit for certain provider debt decisions
111A(3A)
An application by a provider for ART review in respect of a decision under Division
2
of Part
4
relating to CCS or ACCS must be made no later than:
(a)
52 weeks after the provider is notified of the decision; or
(b)
if the provider was not notified of the decision
-
52 weeks after the provider becomes aware of the decision.
History
S 111A(3A) amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting
"
ART review
"
for
"
AAT first review
"
, effective 14 October 2024.
S 111A(3A) inserted by No 125 of 2019, s 3 and Sch 2 item 7, applicable in relation to a decision made under Division
2
of Part
4
relating to CCS or ACCS on or after 13 December 2019.
111A(3B)
Subsection
(3A)
applies despite sections
18
and
19
of the ART Act (which deal with when applications for review may be made)
History
S 111A(3B) amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting
"
sections 18 and 19 of the ART Act (which deal with when applications for review may be made)
"
for
"
paragraph 29(1)(d) and subsections 29(7) to (10) of the AAT Act
"
, effective 14 October 2024.
S 111A(3B) inserted by No 125 of 2019, s 3 and Sch 2 item 7, applicable in relation to a decision made under Division
2
of Part
4
relating to CCS or ACCS on or after 13 December 2019.
No time limit for excepted decisions
111A(4)
Section
18
(when to apply for review) of the ART Act does not apply in relation to an application for ART review of a decision that is excepted under subsection
(5)
.
History
S 111A(4) amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting
"
Section 18 (when to apply for review) of the ART Act does not apply in relation to an application for ART review
"
for
"
Paragraph 29(1)(d) of the AAT Act does not apply in relation to an application for AAT first review
"
, effective 14 October 2024.
Excepted decisions
111A(5)
A decision is excepted under this subsection if the decision:
(a)
relates to the payment to a person of family tax benefit by instalment; or
(b)
relates to the raising of a debt under Division
2
of Part
4
(other than a decision referred to in subsection (3A)).
History
S 111A(5) amended by No 125 of 2019, s 3 and Sch 2 item 8, by inserting
"
(other than a decision referred to in subsection (3A))
"
in para (b), applicable in relation to a decision made under Division
2
of Part
4
relating to CCS or ACCS on or after 13 December 2019.
History
S 111A substituted by No 60 of 2015, s 3 and Sch 5 item 22, effective 1 July 2015. S 111A formerly read:
SECTION 111A Review applications
-
time limits applicable to review by the SSAT of certain decisions
111A(1)
Subject to subsection (2), a person affected:
(a)
by a decision of a decision reviewer under Division 1 to affirm, vary or set aside a decision other than an excepted decision; or
(b)
if a decision reviewer has decided, under Division 1, to set aside a decision (other than an excepted decision) and substitute another decision
-
by the decision so substituted;
must apply under section 111 for review by the SSAT of the decision affecting that person no later than 13 weeks after the person is notified of the decision of the decision reviewer.
111A(2)
The SSAT may, if it determines that there are special circumstances that prevented the person from making an application under section 111 for review of a decision of the kind referred to in subsection (1) within the 13 weeks mentioned in subsection (1), permit a person to make the application after the end of that period and within such further period as the SSAT determines to be appropriate.
111A(3)
In this section:
excepted decision
means a decision:
(a)
relating to the payment to a person of family tax benefit by instalment; or
(b)
relating to the raising of a debt under Division 2 of Part 4.
S 111A inserted by No 45 of 2000, s 3 Sch 2 item 109, effective 1 July 2000. For transitional provisions see note under s 69.
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