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

32   Review by the Administrative Appeals Tribunal of certain pre-transition decisions

(1) This item applies to a decision made by the Secretary under subsection 85-4(4) or 85-5(5) of the Aged Care Act if:

(a) the decision was made before the transition time; and

(b) immediately before that time, both of the following apply:

(i) an application for review of the decision by the Administrative Appeals Tribunal has not been made;

(ii) the time for a person to make such an application has not ended (including any extensions of that time under section 29 of the Administrative Appeals Tribunal Act 1975).

(2) Section 74N of the Commission Act applies, after the transition time, in relation to the decision as if it were a reconsideration decision of the Commissioner.