Student Assistance Act 1973

Part 9 - Review of Decisions  

Division 1 - Internal review  

SECTION 308   NOTIFICATION OF FURTHER RIGHTS OF REVIEW  

308(1)   Contents of notice  

If a person gives the applicant notice under subsection 306(2) , the notice must include:

(a)    

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a statement to the effect that the applicant may, subject to this Act and the AAT Act, apply to the AAT for review of the person ' s decision; and

(b)    

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a statement about the person ' s decision that:

(i) sets out the reasons for the decision; and

(ii) sets out the findings by the person on material questions of fact; and

(iii) refers to the evidence or other material on which those findings were based.

(c) (Repealed by No 60 of 2015)

[ CCH Note: S 308(1) will be amended by No 38 of 2024, s 3 and Sch 3 item 219, by substituting " the ART Act, apply to the ART " for " the AAT Act, apply to the AAT " in para (a), effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]

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History

S 308(1) amended by No 60 of 2015, s 3 and Sch 7 items 8 - 10, by substituting " subject to this Act and the AAT Act, apply to the AAT " for " subject to this Act, apply to the Social Security Appeals Tribunal " in para (a), " based. " for " based; and " in para (b)(iii) and repealing para (c), effective 1 July 2015. Para (c) formerly read:

(c) a statement to the effect that, if the person is dissatisfied with the Social Security Appeals Tribunal ' s decision, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the Administrative Appeals Tribunal for review of the Social Security Appeals Tribunal ' s decision.

308(2)   Validity not affected  

A contravention of subsection (1) in relation to a decision does not affect the validity of the decision.

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History

S 308 inserted by No 183 of 1994.

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