Student Assistance Act 1973
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Hide history noteDiv 4 repealed by No 60 of 2015, s 3 and Sch 7 item 11, effective 1 July 2015. Div 4 formerly read:
Division 4 - Modification of the Administrative Appeals Tribunal Act 1975
SECTION 327 SECTION 327 MODIFICATION OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT
327
This Division sets out the modifications of the Administrative Appeals Tribunal Act 1975 that need to be made for applications for review under section 324 .
SECTION 328 SECTION 328 STATEMENT OF REASONS FOR DECISION
328
(Repealed by No 98 of 2014)HistoryS 328 repealed by No 98 of 2014, s 3 and Sch 2 item 17, applicable in relation to a decision of the Social Security Appeals Tribunal made on or after 12 September 2014. S 328 formerly read:
SECTION 328 STATEMENT OF REASONS FOR DECISION
328
The Administrative Appeals Tribunal Act 1975 applies to an application under section 324 for review of a decision as if references in section 28 of that Act to the person who made the decision were references to the National Convener.Note:
Section 1281 of the Social Security Act requires the SSAT to give the parties to a review copies of a statement setting out reasons, findings on material questions of fact and a reference to the evidence or other material on which the findings were based. Section 28 of the Administrative Appeals Tribunal Act 1975 entitles an applicant for review by the AAT to ask the person who made the decision for a statement setting out the same matters. Subsection 28(4) of the Administrative Appeals Tribunal Act 1975 provides that an applicant for review is not entitled to a statement under that section if the matters referred to in section 1281 of the Social Security Act are set out in the decision itself or in a written statement given to the applicant.
S 328 inserted by No 183 of 1994.
SECTION 329 SECTION 329 NOTICE OF APPLICATION FOR REVIEW
329
The Administrative Appeals Tribunal Act 1975 applies to an application under section 324 for review of a decision as if the reference in subsection 29(11) of that Act to the person who made the decision were a reference to each party to a review by the Social Security Appeals Tribunal (other than a party making the application under section 324 ).Note:
Subsection 29(11) of the Administrative Appeals Tribunal Act 1975 requires notice of an application to the AAT for review of a decision to be given to the person who made the decision. The effect of this section is that any person who was a party to the review by the SSAT will be given notice of an application to the AAT for further review.
HistoryS 329 inserted by No 183 of 1994.
SECTION 330 SECTION 330 PARTIES TO REVIEW BY THE AAT
330
The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 324 as if the reference in paragraph 30(1)(b) of that Act to the person who made the decision were a reference to each person who was a party to the review by the Social Security Appeals Tribunal.Note:
Paragraph 30(1)(b) of the Administrative Appeals Tribunal Act 1975 provides that the person who made the decision under review is a party to the proceeding before the AAT for review of the decision. The effect of this section is that each person who was a party to the review by the SSAT is automatically made a party to an application to the AAT for further review.
SECTION 331 LODGING DOCUMENTS WITH THE AATHistoryS 330 inserted by No 183 of 1994.
331(1) Certain references in the AAT Act taken to be references to a SecretaryThe Administrative Appeals Tribunal Act 1975 applies to an application for review under section 324 as if references in section 37 of that Act to the person who made the decision that is the subject of an application for review by the Administrative Appeals Tribunal were references to the Secretary.
331(2) Compliance with obligations under paragraph 37(1)(a) of AAT ActIf a person applies to the Administrative Appeals Tribunal under section 324 for a review of a decision, the Secretary is taken to have complied with his or her obligations under paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975 in relation to the decision if he or she gives the Administrative Appeals Tribunal 2 copies of the statement prepared by the Social Security Appeals Tribunal under subparagraph 322C(1)(c)(ii) or paragraph 322C(4)(a) of this Act.
HistoryS 331(2) amended by No 98 of 2014, s 3 and Sch 2 item 18, by substituting " 2 copies of the statement prepared by the Social Security Appeals Tribunal under subparagraph 322C(1)(c)(ii) or paragraph 322C(4)(a) of this Act " for " the prescribed number of copies of the statement prepared by the Social Security Appeals Tribunal under paragraph 1281(1)(a) of the Social Security Act " , applicable in relation to a decision of the Social Security Appeals Tribunal made on or after 12 September 2014.
331(3) Powers under section 38 of AAT ActSubsection (2) does not limit the Administrative Appeals Tribunal's powers under section 38 of the Administrative Appeals Tribunal Act 1975 .
HistoryS 331(3) amended by No 98 of 2014, s 3 and Sch 2 item 19, by repealing note 1 and 2, effective 12 September 2014. Note 1 and 2 formerly read:
Note 1:
Subsection 37(1) of the Administrative Appeals Tribunal Act 1975 requires a person who has made a decision that is under review by the AAT to give the AAT copies of:
(a) a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and (b) every other document or part of a document that is in the person ' s possession or under the person ' s control and is considered by the person to be relevant to the review. Unless subsection 331(1) provided otherwise, the obligations under section 37 of the Administrative Appeals Tribunal Act 1975 would fall on the SSAT. Paragraph 1281(1)(a) of the Social Security Act requires the SSAT to prepare a written statement of reasons, findings and evidence for its decision and paragraph 1281(1)(b) of that Act requires the SSAT to give the Secretary, or the Secretary to the Department of Social Security, a copy of the statement. As the Secretary, or the Secretary to the Department of Social Security, as the case requires, has possession of the statement and relevant documents, he or she is the appropriate person to give them to the AAT.
Note 2:
Section 38 of the Administrative Appeals Tribunal Act 1975 allows the Administrative Appeals Tribunal to order the person who lodged a statement under paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975 , to lodge an additional statement containing further and better particulars.
HistoryS 331 amended by No 45 of 1998 and inserted by No 183 of 1994.
SECTION 332 SECTION 332 POWER OF THE AAT TO OBTAIN ADDITIONAL STATEMENTS
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The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 324 as if references in section 38 of that Act to the person who lodges a statement referred to in paragraph 37(1)(a) of that Act with the Administrative Appeals Tribunal were references to the Principal Member.Note:
The effect of this section is that if the Administrative Appeals Tribunal considers that the statement referred to in paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975 is not adequate, it may order the Principal Member to lodge an additional statement containing further and better particulars.
SECTION 333 OPERATION AND IMPLEMENTATION OF THE DECISION UNDER REVIEWHistoryS 332 amended by No 98 of 2014, s 3 and Sch 2 items 20 - 22, by substituting " section 324 " for " section 333 " , " Principal Member " for " National Convener " and the note, effective 12 September 2014. The note formerly read:
Note:
The effect of this section is that if the AAT considers that the statement under section 1281 of the Social Security Act is not adequate, the AAT may ask the National Convener to provide an additional statement containing further and better details.
S 332 inserted by No 183 of 1994.
333(1) Applications for review by AATThe Administrative Appeals Tribunal Act 1975 applies to an application for review under section 324 as if the references in subsection 41(4) of that Act to the person who made the decision were references to each party to the review by the Social Security Appeals Tribunal (the SSAT ).
Note:
Section 41 of the Administrative Appeals Tribunal Act 1975 deals with the operation and implementation of a decision under review by the AAT.
333(2) Review of decisionsThe Administrative Appeals Tribunal Act 1975 applies to an application for review under section 324 as if the references in section 41 of that Act to the decision to which the relevant proceeding relates were references to:
(a) if the SSAT affirmed the original decision - the original decision; or
(b) if the SSAT varied the original decision:
(i) the original decision as varied by the SSAT; and
(ii) the original decision; or
(c) if the SSAT set aside the original decision and substituted a new decision:
(i) the new decision; and
(ii) the original decision; or
(d) if the SSAT set aside the original decision and sent the matter back to the Secretary for reconsideration in accordance with any directions or recommendations of the SSAT:
(i) any decision made as a result of that reconsideration; and
(ii) the original decision.
333(3) Review by SSATFor the purposes of subsection (2), the original decision is the decision that was reviewed by the SSAT.
SECTION 334 POWER OF THE AAT IF PARTY FAILS TO APPEARHistoryS 333 inserted by No 183 of 1994.
334
The Administrative Appeals Tribunal Act 1975 applies to a review under section 324 as if the reference in subsection 42A(2) of that Act to the person who made the decision were references to the Secretary.Note:
Subsection 42A(2) of the Administrative Appeals Tribunal Act 1975 empowers the AAT to direct that, if a person fails to appear (other than the person who made the decision that is under review), that person is to cease to be a party to the proceedings before the AAT or the application for review is to be dismissed.
HistoryS 334 amended by No 45 of 1998 and inserted by No 183 of 1994.
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