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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 103

Applications to the Administrative Appeals Tribunal

  (1)   Applications may be made to the Administrative Appeals Tribunal for review of a decision made by a reviewer under subsection   100(6).

Note:   Under the Administrative Appeals Tribunal Act 1975 , notice must be given to persons whose interests are affected by a decision of the reviewer.

  (2)   If:

  (a)   an application is made to the Administrative Appeals Tribunal for review of a decision made by a reviewer under subsection   100(6); and

  (b)   the decision relates to a statement of participant supports in a participant's plan; and

  (c)   before a decision on the review is made and despite subsection   26(1) of the Administrative Appeals Tribunal Act 1975 :

  (i)   the CEO varies the plan under subsection   47A(1) of this Act and the variation is a change to that statement; or

  (ii)   a new plan for the participant comes into effect under section   37 of this Act;

then:

  (d)   if subparagraph   (c)(i) applies--the application is also taken to be an application for review of the decision to make the variation covered by that subparagraph; or

  (e)   if subparagraph   (c)(ii) applies--the application is also taken to be an application for review of the decision to approve the statement of participant supports in the new plan.

 


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