Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 (116 of 2019)

Schedule 4   Transitional, application, saving and other provisions

Part 4   Reconsideration and review of decisions

30   Pending requests for reconsideration of pre-transition decisions relating to approval etc.

(1) This item applies in relation to a request (the pending request ) made under subsection 85-5(1) of the Aged Care Act for the reconsideration of a decision (the original decision ) of a kind mentioned in item 1, 3, 54 or 55 of the table in section 85-1 of that Act if:

(a) the pending request was made before the transition time; and

(b) immediately before that time, the Secretary has not made a decision on the pending request.

(2) The pending request is taken, after the transition time, to be a request made to the Commissioner under section 74K of the Commission Act and may be dealt with, or may continue to be dealt with, under Part 8B of that Act as if:

(a) the original decision were a reviewable decision of the same kind; and

(b) the person who made the request were the affected person for the reviewable decision.

(3) If, before the transition time, a thing was done by the Secretary in relation to the pending request, then the thing has effect, after that time, as if it had been done by the Commissioner.