Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 3   Social Services

Part 1   Main amendments

No effect on operation of the Freedom of Information Act 1982

122   Subsection 226(2)

Repeal the subsection, substitute:

(1A) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.

(2) Subsections (1) and (1A) do not apply if the application is a guidance and appeals panel application.

(3) If:

(a) a person makes an application (the referral application ) under section 123 of the ART Act to refer the ART's decision on ART review to the guidance and appeals panel; and

(b) the person is taken to have made a guidance and appeals panel application because the ART's decision is referred to the guidance and appeals panel; and

(c) an officer varies or substitutes the decision (the reviewable decision ) to which the guidance and appeals panel application relates:

(i) after the referral application is made; and

(ii) before the ART is constituted for the purposes of the proceeding in relation to the guidance and appeals panel application;

the guidance and appeals panel application is taken to be a guidance and appeals panel application in relation to the reviewable decision as varied or substituted by the officer.