Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 85.4

Reconsidering reviewable decisions

             (1)  The Secretary may reconsider a * reviewable decision (other than a reviewable decision under Division 35 or section 52G-4) if the Secretary is satisfied that there is sufficient reason to reconsider the decision.

          (1A)  The * Aged Care Pricing Commissioner may reconsider a * reviewable decision under Division 35 or section 52G-4 if the Aged Care Pricing Commissioner is satisfied that there is sufficient reason to reconsider the decision.

             (3)  The Secretary or the * Aged Care Pricing Commissioner may reconsider a decision even if:

                     (a)  an application for reconsideration of the decision has been made under section 85-5; or

                     (b)  if the decision has been confirmed, varied or set aside under section 85-5--an application has been made under section 85-8 for review of the decision.

             (4)  After reconsidering the decision, the Secretary or the * Aged Care Pricing Commissioner must:

                     (a)  confirm the decision; or

                     (b)  vary the decision; or

                     (c)  set the decision aside and substitute a new decision.

             (5)  The decision of the Secretary or the * Aged Care Pricing Commissioner (the decision on review ) to confirm, vary or set aside the decision takes effect:

                     (a)  on the day specified in the decision on review; or

                     (b)  if a day is not specified--on the day on which the decision on review was made.

             (6)  The Secretary or the * Aged Care Pricing Commissioner must give written notice of the decision on review to the person to whom that decision relates.

Note:          Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person's review rights.



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