Student Assistance Act 1973

Div 3 repealed by No 60 of 2015, s 3 and Sch 7 item 11, effective 1 July 2015. Div 3 formerly read:

Division 3 - Right to review by Administrative Appeals Tribunal

SECTION 323 APPLICATION OF DIVISION  
323
Unless otherwise stated, this Division applies to:

(b) all decisions of an officer under this Act relating to the Student Financial Supplement Scheme; or

(c) all decisions of an officer under this Act relating to the recovery of amounts paid under a current or former special educational assistance scheme.

Note:

For officer see subsection 3(1) .

SECTION 324 REVIEW OF SSAT DECISION BY AAT  
324(1) Application for review  

If a decision has been reviewed by the Social Security Appeals Tribunal (the SSAT ) and has been affirmed, varied or set aside, application may be made to the Administrative Appeals Tribunal for a review of the decision of the SSAT.

324(2) Which decision is to be reviewed  

For the purposes of subsection (1), the decision made by the SSAT is taken to be:

(a) if the SSAT affirms a decision - the decision as affirmed; and

(b) if the SSAT varies a decision - the decision as varied; and

(c) if the SSAT sets a decision aside and substitutes a new decision - the new decision; and

(d) if the SSAT sets a decision aside and sends the matter back to the Secretary for reconsideration in accordance with any directions or recommendations of the SSAT - the directions or recommendations of the SSAT.

324(3) AAT Act requirements  

Subsection (1) has effect subject to section 29 of the Administrative Appeals Tribunal Act 1975 .

Note:

Section 29 of the Administrative Appeals Tribunal Act 1975 sets out the manner in which an application of the AAT for review of a decision must be made.

324(4) Secretary may treat event as having occurred  

If:

(a) the Administrative Appeals Tribunal sets a decision aside; and

(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Division.

SECTION 325 VARIATION OF DECISION BEFORE AAT REVIEW COMPLETED  
325(1) Review of decision as varied  

If an officer varies a decision after an application has been made to the Administrative Appeals Tribunal for review of the decision but before the determination of the application for review, the application is to be treated as if it were an application for review of the decision as varied.

325(2) Review of new decision  

If an officer sets a decision aside and substitutes a new decision after an application has been made to the Administrative Appeals Tribunal for review of the decision but before determination of the review, the application is to be treated as if it were an application for review of the new decision.

325(3) Person may proceed or withdraw  

If:

(a) a person applies to the Administrative Appeals Tribunal for review of a decision; and

(b) before determination of the review, an officer varies the decision or sets the decision aside and substitutes a new decision;

the person may either:

(c) proceed with the application for review of the decision as varied or the new decision; or

(d) withdraw the application.

SECTION 326A SECRETARY MAY SETTLE PROCEEDINGS BEFORE THE ADMINISTRATIVE APPEALS TRIBUNAL  
326A(1)
The Secretary may agree, with other parties to proceedings before the Administrative Appeals Tribunal that relate to recovering a debt, to settle the proceedings. The agreement must be in writing.

326A(2)
If the proceedings are settled and the Secretary gives the Administrative Appeals Tribunal a copy of the agreement to settle the proceedings, the application for review of the decision that was the subject of the proceedings is taken to have been dismissed.