A New Tax System (Family Assistance) (Administration) Act 1999

PART 5 - REVIEW OF DECISIONS

Note:

This Part does not apply in relation to any decision of the Secretary under Division 5 of Part 4 (about departure prohibition orders).

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CCH Note: No 53 of 2008, s 3 and Sch 1 item 64 contains the following transitional provision:

Transitional - varying CCB % determinations
Secretary may vary CCB % determinations between commencement and 6 July 2008

(1)
If:

(a) at the commencement of this item, a determination of CCB % under section 50J of the Family Assistance Administration Act is in force in respect of a claimant who is an individual; and

(b) the Secretary considers that, if the Secretary were making the determination of CCB % on 7 July 2008, the CCB % determined on 7 July (the new CCB % ) would be different from the CCB % at commencement (the current CCB % ); the Secretary may, in writing, vary the determination of CCB % so that the claimant ' s CCB % is the new CCB %.

(2)
A variation under subitem (1) has effect for the purposes of the Family Assistance Administration Act from 7 July 2008.

(3)
A variation under subitem (1) cannot be made after 6 July 2008.

Decisions to vary are reviewable

(4)
For the purposes of Part 5 of the Family Assistance Administration Act, a decision of the Secretary to vary a determination under subitem (1) is taken to be a decision of an officer under the family assistance law.

Division 2 - Review by Administrative Appeals Tribunal

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[ CCH Note: Div 2 heading will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART " for " Administrative Appeals Tribunal " , 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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Subdivision F - Matters relating to both AAT first review and AAT second review

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[ CCH Note: Subdiv F heading will be repealed by No 38 of 2024, s 3 and Sch 3 item 42, effective at the same time as the Administrative Review Tribunal Act 2024 commences.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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SECTION 136 Notice by Secretary of certain AAT decisions in relation to CCS or ACCS by fee reduction

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[ CCH Note: S 136 heading will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART " for " AAT " , 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.]

136(1)

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This section applies to a decision on AAT first review or AAT second review of a child care decision in relation to section 67CD (entitlement to be paid CCS or ACCS) for an individual in relation to sessions of care.

[ CCH Note: S 136(1) will be amended by No 38 of 2024, s 3 and Sch 3 item 209, by substituting " ART review " for " AAT first review or AAT second review " , 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.]

136(2)

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If the decision is a fee reduction decision, the Secretary must give written notice of the decision and the fee reduction amount for the decision to the provider of the approved child care service that provided the sessions of care.

136(3)
If the Secretary has decided to pay the fee reduction amount directly to the individual under subsection 67EC(2) , the notice under subsection (2) of this section must include a statement to that effect.

136(4)
If the decision is not a fee reduction decision, the Secretary may give written notice of the decision to the provider of the approved child care service that provided the sessions of care.

136(5)
A notice under this section may be given to a provider by making the notice available using an electronic interface.

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History

S 136 substituted by No 22 of 2017, s 3 and Sch 1 item 177, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 3A heading. S 136 formerly read:

SECTION 136 Notice by Secretary of certain AAT decisions on AAT first review or AAT second review
136(1)
This section applies if:

(a) the AAT makes a decision on AAT first review or AAT second review in respect of an individual claiming child care benefit by fee reduction for care provided by an approved child care service to a child; and

(b) the decision on review is to vary, or set aside and substitute a new decision for one of the following decisions:

(i) a determination of conditional eligibility;

(ii) a weekly limit of hours, CCB % or schooling % applicable to the individual;

(iii) a determination whether the individual is eligible for the special grandparent rate for the child;

(iv) a determination of rate under subsection 81(2) or (3) of the Family Assistance Act; and

(c) on the day that the AAT decision is made:

(i) the service is still providing care to the child; and

(ii) a determination of conditional eligibility is still in force in respect of the individual with effect that the individual is conditionally eligible.

136(2)
The Secretary:

(a) must give notice of an AAT decision mentioned in subparagraph (1)(b)(iv) to the service; and

(b) must state in the notice the effect of the decision; and

(c) may give the notice by making it available to the service using an electronic interface.

136(3)
The Secretary may make the notice of an AAT decision mentioned in paragraph (1)(b) (other than subparagraph (1)(b)(iv)) available to the service, including by making the notice available to the service using an electronic interface.

S 136 substituted by No 60 of 2015, s 3 and Sch 5 item 23, effective 1 July 2015. For former wording, see note under Part 5 Div 3 heading.

Former s 136 substituted by No 154 of 2012, s 3 and Sch 3 item 26, applicable in relation to notifications given on or after 15 December 2012 (whether the application for review was made before or after 15 December 2012). For application and transitional provisions see note under Subdiv G heading of Part 5 Div 3. S 136 formerly read:

SECTION 136 Dismissal of an application
136(1)
If:

(a) a person makes an application to the SSAT for review of a decision; and

(b) the Principal Member is satisfied:

(i) after having communicated with the person; or

(ii) after having made reasonable attempts to communicate with the person and having failed to do so;
that the person does not intend to proceed with the application;
the Principal Member may dismiss the application.

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History

S 136(1) amended by No 38 of 2010, s 3 and Sch 3 item 45, by substituting " Principal Member " for " Executive Director " (wherever occurring), effective 11 May 2010.

136(2)
If the Principal Member dismisses an application under subsection (1), the application is taken to have been withdrawn at the time at which the application was dismissed.
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History

S 136(2) amended by No 38 of 2010, s 3 and Sch 3 item 46, by substituting " Principal Member " for " Executive Director " , effective 11 May 2010.

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