Social Security (Review of Decisions) Act 1988 (Cth)

Social Security (Review of Decisions) Act 1988

No. 85 of 1988

TABLE OF PROVISIONS Section 1. Short title etc. 2. Commencement 3. Interpretation 4. Repeal of sections 16, 17 and 18 and substitution of new sections: 16. Authorised review officers 17. Government policy statements 18. The Secretary and the National Convener may agree on administrative arrangements 5. Insertion of new section: 168a. The Secretary may continue payment pending the determination of an application to the Secretary or the Social Security Appeals Tribunal for review of an adverse decision 6. Insertion of new Parts:

PART XIX—REVIEW OF DECISIONS Division 1—Review by the Secretary

172. The Secretary may review a decision 173. A person affected by a decision may apply to the Secretary for review of the decision 174. The Secretary's powers on review 175. The Secretary will notify the applicant of the applicant's right to apply to the Social Security Appeals Tribunal and the Administrative Appeals Tribunal

TABLE OF PROVISIONS—continued Section Division 2—Review by the Social Security Appeals Tribunal 176. The Social Security Appeals Tribunal is to provide a fair, just, economical, informal and quick review 177. A person affected by a decision may apply to the Social Security Appeals Tribunal for review of the decision 178. Some decisions are not reviewable by the Social Security Appeals Tribunal 179. How should an application be made? 180. What happens if the decision under review is varied while the application for review is still being heard? 181. Who are the parties to a review of a decision? 182. The Social Security Appeals Tribunal's powers on review 183. Date of effect of the Social Security Appeals Tribunal's decision Division 3—Procedures for review of a decision by the Social Security Appeals Tribunal Subdivision A—Preliminary procedures 184. What happens initially when an application for review is received? 185. The National Convener will give the other parties a copy of the paragraph 184 (3) (a) statement 186. The National Convener will make arrangements for the hearing of the application 187. The National Convener will give notice of the application to any person whose interests the National Convener believes are affected by the decision under review Subdivision B—How the Social Security Appeals Tribunal informs itself about the decision under review 188. How does a party put material before the Social Security Appeals Tribunal? 189. When can the Social Security Appeals Tribunal proceed without oral submissions from a party? 190. The Social Security Appeals Tribunal may take evidence 191. The Secretary will provide further information on a request from the National Convener 192. The National Convener may ask the Secretary to exercise powers under section 164 Subdivision C—The nature of the hearing 193. The hearing will be as informal as possible 194. The hearing will be in private 195. The National Convener may make orders restricting the further disclosure of information disclosed at a hearing Subdivision D—Other procedural matters 196. The Social Security Appeals Tribunal may adjourn a hearing 197. The applicant may withdraw the application 198. The application may be dismissed if the applicant does not intend to proceed with the application 199. Who presides at the hearing? 200. Questions arising on a review will be decided by a majority 201. What happens if the members are equally divided in opinion? 202. The National Convener may give directions as to the procedure to be followed in hearing reviews 203. Who bears the expenses of the review? TABLE OF PROVISIONS—continued Section Subdivision E—Notification of decision 204. What happens when the Social Security Appeals Tribunal makes its decision on the review? Division 4—Review by Administrative Appeals Tribunal Subdivision A—Right to review by Administrative Appeals Tribunal 205. A person affected by a decision that has been reviewed by the Social Security Appeals Tribunal may apply to the Administrative Appeals Tribunal for a further review of the decision 206. What happens if the decision under review is varied while the application for review is still being heard? 207. The Secretary will be able to apply to the Administrative Appeals Tribunal for review of a decision that the Social Security Appeals Tribunal has varied or set aside Subdivision B—Modification of the Administrative Appeals Tribunal Act 1975 208. Modification of the Administrative Appeals Tribunal Act 209. Applicant's right to have a statement of the reasons for the decision under review 210. Notice of application for review 211. Who are the parties to a review by the Administrative Appeals Tribunal? 212. Lodging of material documents with the Administrative Appeals Tribunal 213. Power of the Administrative Appeals Tribunal to obtain additional statements 214. Operation and implementation of the decision under review 215. Power of the Administrative Appeals Tribunal to strike out a party PART XX—SOCIAL SECURITY APPEALS TRIBUNAL Division 1—Establishment and membership of the Social Security Appeals Tribunal 216. Establishment of the Social Security Appeals Tribunal 217. The National Convener 218. Appointment of members 219. Period of appointment of members 220. Acting appointments Division 2—Organisation of the business of the Social Security Appeals Tribunal 221. The National Convener will direct which members are to constitute the Social Security Appeals Tribunal for the purposes of a review 222. Number of members to constitute Social Security Appeals Tribunal for the purposes of a review 223. What happens if a member of the Social Security Appeals Tribunal ceases to be available for the review? Division 3—Administrative matters 224. Remuneration and allowances of members 225. Leave of absence 226. Approval to engage in outside employment 227. Resignation 228. Removal from office 229. Disclosure of interests 230. Disclosure of confidential information 231. Delegation by the National Convener TABLE OF PROVISIONS—continued Section 232. Protection of members and witnesses 233. Fees for witnesses 234. Oath or affirmation of office 235. Staff of the Social Security Appeals Tribunal 236. Annual report 7. New Schedule 1a to Social Security Act 1947 8. Minor and consequential amendments 9. Transitional provisions 10. Renumbering of the Social Security Act