Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 1   Amendment of the Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Act 1975

117   At the end of section 42C

Add:

Limitation for administrative assessments of child support

(4) The Tribunal must not act in accordance with subsection (2) or (3) to give effect to an agreement in relation to a departure from administrative assessment of child support in accordance with Part 6A of the Child Support (Assessment) Act 1989, unless it is satisfied that it is just and equitable and otherwise proper to do so, having regard to the matters set out in subsections 117(4) and (5) of that Act.

Variation or revocation of decisions other than on child support first reviews

(5) The Tribunal may vary or revoke so much of a decision as it made in accordance with subsection (2) or (3) if:

(a) the parties, or their representatives, reach agreement on the variation or revocation; and

(b) the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Tribunal; and

(c) the variation or revocation appears appropriate to the Tribunal; and

(d) in the case of a variation - the Tribunal is satisfied that it would have been within the powers of the Tribunal to have made the decision as varied.

(6) Subsection (5) does not apply to a decision made on child support first review.