Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 6   Paid parental leave amendments

Paid Parental Leave Act 2010

21   Parts 5-3 and 5-4

Repeal the Parts, substitute:

Part 5-3 - AAT second review of claimant decisions

Division 1 - Guide to this Part

236 Guide to this Part

This Part is about review by the Administrative Appeals Tribunal of a decision made by the Tribunal on AAT first review of a claimant decision. These reviews are called AAT second reviews.

AAT second review is only available in relation to claimant decisions - it is not available in relation to employer decisions.

The rules relating to review by the AAT are mainly in the AAT Act, but this Part modifies the operation of that Act in some ways for the purposes of AAT second reviews.

The AAT Act allows a person to appeal to a court on a question of law from a decision of the AAT on AAT second review.

Division 2 - Applications for AAT second review

237 Applications for AAT second review

(1) An application may be made to the AAT for review ( AAT second review ) of a decision of the AAT under subsection 43(1) of the AAT Act on AAT first review in relation to a claimant decision.

(2) For the purposes of subsection (1), the decision of the AAT on AAT first review is taken to be:

(a) if the AAT affirmed a claimant decision - that decision as affirmed; and

(b) if the AAT varied a claimant decision - that decision as varied; and

(c) if the AAT set a claimant decision aside and substituted a new decision - the new decision; and

(d) if the AAT set a claimant decision aside and sent the matter back to the Secretary for reconsideration in accordance with any directions or recommendations of the AAT - the directions or recommendations of the AAT.

(3) An application referred to in subsection (1) may not be made by a person in the person's capacity as an employer.

Division 3 - Matters relating to AAT second review

238 Application of this Division

This Division applies if an application referred to in section 237 for AAT second review is made.

239 Notice of application for AAT second review

The AAT Act applies to the application as if the reference in paragraph 29AC(1)(b) of the AAT Act to the person who made the decision were a reference to each person who was a party to the AAT first review (other than the party who made the application for AAT second review).

240 Parties to an AAT second review

The AAT Act applies to the application as if the reference in paragraph 30(1)(b) of the AAT Act to the person who made the decision were a reference to each person who was a party to the AAT first review (other than the person who made the application for AAT second review).

241 Operation and implementation of the AAT decision on AAT second review

(1) The AAT Act applies to the application as if the reference in subsection 41(2) of the AAT Act to the decision to which the relevant proceeding relates were a reference to:

(a) if, on AAT first review, the AAT affirmed the original decision - the original decision; and

(b) otherwise - both the original decision and whichever of the following is applicable in relation to the AAT first review:

(i) the original decision as varied by the AAT;

(ii) the decision substituted by the AAT;

(iii) the decision made as a result of reconsideration by the Secretary in accordance with any directions or recommendations of the AAT.

(2) For the purposes of subsection (1), the original decision is the decision that was the subject of the AAT first review.

(3) The AAT Act applies to the application as if references in subsections 41(4) and (5) of the AAT Act to the person who made the decision to which the relevant proceeding relates were references to each party to the relevant AAT first review.

242 Variation of original decision after application is made for AAT second review

(1) If an officer varies or substitutes a decision after an application has been made for AAT second review in relation to the decision:

(a) the AAT is taken, on AAT first review, to have varied or substituted the decision under review in the way the officer did; and

(b) the application is taken to be an application for AAT second review of the decision as varied or substituted.

(2) If the person who made the application does not want a review of the decision as varied or substituted, the person may notify the AAT under subsection 42A(1A) or (1AA) of the AAT Act that the application is discontinued or withdrawn.

243 Failure of party to appear

The AAT Act applies to the application as if the reference in subsection 42A(2) of the AAT Act to the person who made the decision were a reference to the Secretary.

Part 5-4 - Other matters relating to review