Administrative Review Tribunal Act 2024 (40 of 2024)

Part 5A   Second review for certain social services decisions

Division 3   Modifications for second review

131Q   Care percentage determinations reviewed under other Acts

Family assistance care percentage decisions

 

(1) Section 123 of the A New Tax System (Family Assistance) (Administration) Act 1999 does not apply in relation to a second review of a family assistance care percentage decision.

      

(2) If:

(a) the Tribunal has reviewed an ART social services decision made on review of a decision on application referred to in section 89 of the Child Support (Registration and Collection) Act 1988; and

(b) the review of the ART social services decision involved (wholly or partly) a review of a determination to which a family assistance care percentage decision relates;

then, despite section 54 of this Act, the Tribunal must not, on second review of the family assistance care percentage decision, vary or substitute the decision in a way that would have the effect of varying or substituting the determination referred to in paragraph (b).

Child support care percentage decisions

      

(3) Section 95M of the Child Support (Registration and Collection) Act 1988 does not apply in relation to a second review of a child support care percentage decision.

      

(4) If:

(a) the Tribunal has reviewed an ART social services decision made on review of a decision on application referred to in section 111 of the A New Tax System (Family Assistance) (Administration) Act 1999; and

(b) the review of the ART social services decision involved (wholly or partly) a review of a determination to which a child support care percentage decision relates;

then, despite section 54 of this Act, the ART must not, on second review of the child support care percentage decision, vary or substitute the decision in a way that would have the effect of varying or substituting the determination referred to in paragraph (b).

Definitions

      

(5) In this section:

child support care percentage decision means a care percentage decision within the meaning of the Child Support (Registration and Collection) Act 1988.

family assistance care percentage decision means a care percentage decision within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999.