Aged Care (Consequential and Transitional Provisions) Act 2024 (109 of 2024)

Schedule 2   Application, saving and transitional provisions

Part 7   Transitional provisions for Chapter 8 of the new Act

Division 1   Reconsideration and review of decisions

58   Review of decisions made under old law

Continued application of Part 6.1 of old Act

(1) Despite the repeal of the old Act by this Act, Part 6.1 (reconsideration and review of decisions) of the old Act continues to apply, after the transition time, in relation to the following as if the repeal had not happened:

(a) a reviewable decision made before the transition time;

(b) a decision of the Secretary or the Pricing Authority (whether made before or after the transition time) under section 85-4 or 85-5 of the old Act following a reconsideration of a reviewable decision made before the transition time.

Continued application of Part 6.1 of old Transitional Provisions Act

(2) Despite the repeal of the old Transitional Provisions Act by this Act, Part 6.1 (reconsideration and review of decisions) of the old Transitional Provisions Act continues to apply, after the transition time, in relation to the following as if the repeal had not happened:

(a) a reviewable decision made before the transition time;

(b) a decision of the Secretary (whether made before or after the transition time) under section 85-4 or 85-5 of the old Transitional Provisions Act following a reconsideration of a reviewable decision made before the transition time.

Continued application of Part 8B of Commission Act

(3) Despite the repeal of the Commission Act by this Act, Part 8B (reconsideration and review of decisions) of the Commission Act continues to apply, after the transition time, in relation to the following as if the repeal had not happened:

(a) a reviewable decision made before the transition time;

(b) a reconsideration decision of an internal decision reviewer (whether made before or after the transition time) under section 74L or 74M of the Commission Act following a reconsideration of a reviewable decision made before the transition time.

Continued application of Part 7 of Commission Rules

(4) Despite the repeal of the Commission Act by this Act, Part 7 (reconsideration and review of decisions) of the Commission Rules continues to apply, after the transition time, in relation to the following as if the repeal had not happened:

(a) a reviewable Commissioner decision made before the transition time;

(b) a reconsideration decision of an internal reviewer (whether made before or after the transition time) following a reconsideration of a reviewable Commissioner decision made before the transition time.