Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010 (65 of 2010)

Schedule 2   Percentage of care

Part 1   Amendments

Child Support (Registration and Collection) Act 1988

94   After subsection 103VA(1)

Insert:

(1A) If:

(a) the decision (the original decision ) reviewed by the SSAT is a decision on an objection to a care percentage decision; and

(b) a review of a decision carried out by the AAT under the Administrative Appeals Tribunal Act 1975 has involved (wholly or partly) a review of the determination to which the care percentage decision relates;

then, despite section 43 of that Act, the AAT must not vary the original decision, or set the original decision aside and substitute a new decision, in a way that has the effect of varying the determination or substituting a new determination.

(1B) An application may be made to the AAT for review of:

(a) a decision of the SSAT under subsection 103V(4) to make a determination under that subsection in relation to a person; or

(b) a decision of the SSAT under subsection 103V(4) not to make a determination under that subsection in relation to a person.

Note: The heading to section 103VA is altered by adding at the end " etc. ".