Administrative Review Tribunal Act 2024

PART 5A - SECOND REVIEW FOR CERTAIN SOCIAL SERVICES DECISIONS  

Division 3 - Modifications for second review  

SECTION 131Q   CARE PERCENTAGE DETERMINATIONS REVIEWED UNDER OTHER ACTS  
Family assistance care percentage decisions

131Q(1)    
Section 123 of the A New Tax System (Family Assistance) (Administration) Act 1999 does not apply in relation to a second review of a family assistance care percentage decision.

131Q(2)    
If:

(a)    the Tribunal has reviewed an ART social services decision made on review of a decision on application referred to in section 89 of the Child Support (Registration and Collection) Act 1988 ; and

(b)    the review of the ART social services decision involved (wholly or partly) a review of a determination to which a family assistance care percentage decision relates;

then, despite section 54 of this Act, the Tribunal must not, on second review of the family assistance care percentage decision, vary or substitute the decision in a way that would have the effect of varying or substituting the determination referred to in paragraph (b) .

Child support care percentage decisions

131Q(3)    
Section 95M of the Child Support (Registration and Collection) Act 1988 does not apply in relation to a second review of a child support care percentage decision.

131Q(4)    
If:

(a)    the Tribunal has reviewed an ART social services decision made on review of a decision on application referred to in section 111 of the A New Tax System (Family Assistance) (Administration) Act 1999 ; and

(b)    the review of the ART social services decision involved (wholly or partly) a review of a determination to which a child support care percentage decision relates;

then, despite section 54 of this Act, the ART must not, on second review of the child support care percentage decision, vary or substitute the decision in a way that would have the effect of varying or substituting the determination referred to in paragraph (b) .

Definitions

131Q(5)    
In this section:

child support care percentage decision
means a care percentage decision within the meaning of the Child Support (Registration and Collection) Act 1988 .

family assistance care percentage decision
means a care percentage decision within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 .