Social Services and Other Legislation Amendment (Seniors Health Card and Other Measures) Act 2014 (98 of 2014)

Schedule 2   Review of decisions

Student Assistance Act 1973

16   At the end of Division 2 of Part 9

Add:

322A Dismissal of application for review by SSAT

(1) The Principal Member may, on the request of a party or on his or her own initiative, dismiss an application for review of a decision if:

(a) the decision is not reviewable under this Division; or

(b) the application is frivolous or vexatious; or

(c) all of the parties consent; or

(d) the Principal Member is satisfied:

(i) after having communicated with each party; or

(ii) after having made reasonable attempts to communicate with each party and having failed to do so;

or a combination of both, that none of the parties intends to proceed with the application; or

(e) all of the parties fail to attend the hearing.

(2) The Principal Member may dismiss an application under paragraph (1)(b) only if:

(a) one of the following applies:

(i) the Principal Member has received and considered submissions from the applicant for review;

(ii) the Principal Member has otherwise communicated with the applicant in relation to the grounds of the application;

(iii) the Principal Member has made reasonable attempts to communicate with the applicant in relation to the grounds of the application and has failed to do so; and

(b) all of the parties (other than the applicant) consent to the dismissal.

(3) If the Principal Member dismisses an application under subsection (1) (other than under paragraph (1)(b)), a party to the review may:

(a) within 28 days after receiving notification that the application has been dismissed; or

(b) within such longer period as the Principal Member, in special circumstances, allows;

request that the Principal Member reinstate the application.

(4) If the Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as he or she considers appropriate in the circumstances.

(5) If it appears to the Principal Member that an application has been dismissed under subsection (1) in error, he or she may, on the request of a party to the review or on his or her own initiative, reinstate the application and give such directions as he or she considers appropriate in the circumstances.

322B Applicant for review may discontinue or withdraw application

(1) An applicant for review may notify the Social Security Appeals Tribunal at any time that the application for review is discontinued or withdrawn.

(2) If the applicant orally notifies the Social Security Appeals Tribunal, the person who receives the notification must make a written record of the day on which the notification was given.

(3) If notification is given under subsection (1), the Principal Member is taken to have dismissed the application.

(4) If the Principal Member dismisses an application under subsection (3), the applicant may:

(a) within 28 days after receiving notification that the application has been dismissed; or

(b) within such longer period as the Principal Member, in special circumstances, allows;

request that the Principal Member reinstate the application.

(5) If the Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as he or she considers appropriate in the circumstances.

322C Notification of decisions

Social Security Appeals Tribunal affirms decisions

(1) If the Social Security Appeals Tribunal makes a decision on a review and the decision is of a kind mentioned in paragraph 316(1)(a), the Tribunal must:

(a) prepare a written statement (the initial statement ) that sets out the decision of the Tribunal on the review; and

(b) give each party to the review a copy of the initial statement within 14 days after making the decision; and

(c) within 14 days after making the decision, either:

(i) give reasons for the decision orally to each party to the review and explain that the party may make a written request for a statement under subparagraph (ii) within 14 days after the copy of the initial statement is given to the party; or

(ii) give each party to the review a written statement (whether or not as part of the initial statement) that sets out the reasons for the decision, sets out the findings on any material questions of fact and refers to evidence or other material on which the findings of fact are based; and

(d) return to the Secretary any document that the Secretary has provided to the Tribunal in connection with the review; and

(e) give the Secretary a copy of any other document that contains evidence or material on which the findings of fact are based.

(2) If the Social Security Appeals Tribunal does not give a written statement to a party under subparagraph (1)(c)(ii), the party may, within 14 days after the copy of the initial statement is given to the party, make a written request of the Tribunal for such a statement.

(3) The Social Security Appeals Tribunal must comply with a request under subsection (2) within 14 days after the day on which it receives the request.

Social Security Appeals Tribunal varies decisions or sets decisions aside

(4) If the Social Security Appeals Tribunal makes a decision on a review and the decision is of a kind mentioned in paragraph 316(1)(b) or (c), the Tribunal must:

(a) prepare a written statement that:

(i) sets out the decision of the Tribunal on the review; and

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

(iii) sets out the findings on any material questions of fact; and

(iv) refers to evidence or other material on which the findings of fact are based; and

(b) give each party to the review a copy of the statement referred to in paragraph (a) within 14 days after the making of the decision in relation to the review; and

(c) return to the Secretary any document that the Secretary has provided to the Tribunal in connection with the review; and

(d) give the Secretary a copy of any other document that contains evidence or material on which the findings of fact are based.

Notice of further review right

(5) After the Social Security Appeals Tribunal determines a review, the Principal Member must give each party to the review (except the Secretary) a written notice stating that, if the party is dissatisfied with the Tribunal's decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision.

(6) A failure to comply with subsection (5) in relation to a decision of the Social Security Appeals Tribunal does not affect the validity of the decision.