Commonwealth Consolidated Acts

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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 37

Review on the Secretary's own initiative

             (1)  If the Secretary is satisfied that there is sufficient reason, the Secretary may review:

                     (a)  a decision whether a person is eligible for an advance; or

                     (b)  a decision on the amount of an advance a person is eligible for.

             (2)  The Secretary may review a decision under subsection (1) even if an application has been made to the Administrative Appeals Tribunal for a review of the decision (as affirmed or varied under Subdivision B or substituted under that Subdivision for an earlier decision).

             (3)  The Secretary must not review a decision under subsection (1) while a review of the decision is taking place under Subdivision B.

             (4)  After reviewing the decision under subsection (1), the Secretary may make a decision (the review decision ):

                     (a)  affirming the decision that was reviewed; or

                     (b)  varying the decision that was reviewed; or

                     (c)  setting aside the decision that was reviewed and substituting a new decision.

Notifying the person of the review decision

             (5)  The Secretary must give the person written notice of the review decision, setting out:

                     (a)  the terms of the review decision; and

                     (b)  written reasons for the review decision.

             (6)  Failure to comply with subsection (5) does not affect the validity of the review decision.

Notifying the Administrative Appeals Tribunal of the review decision

             (7)  The Secretary must give the Registrar of the Administrative Appeals Tribunal written notice of the review decision if:

                     (a)  the review decision varied, or substituted a new decision for, the decision that was reviewed under subsection (1); and

                     (b)  before the review decision was made, the person had applied to the Tribunal for review of the decision (as affirmed or varied under Subdivision B, or substituted for an earlier decision under that Subdivision) that was reviewed under subsection (1).



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