Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 27A

Notice of decision and review rights to be given

  (1)   Subject to subsection   (2), a person who makes a reviewable decision must take such steps as are reasonable in the circumstances to give to any person whose interests are affected by the decision notice, in writing or otherwise:

  (a)   of the making of the decision; and

  (b)   of the right of the person to have the decision reviewed.

  (2)   Subsection   (1) does not apply to:

  (a)   a decision that is deemed to be made because of the operation of subsection   25(5) or (5A); or

  (b)   a decision in respect of which provision relating to the notification of a right of review is made by another enactment; or

  (c)   any of the following decisions:

  (i)   a decision not to impose a liability, penalty or any kind of limitation on a person;

  (ii)   a decision making an adjustment to the level of periodic payments to be made to a person as a member of a class of persons where a similar adjustment is being made to the level of such payments to the other members of the class;

  (iii)   if an enactment establishes several categories of entitlement to a monetary benefit--a decision that determines a person to be in the most favourable of those categories;

    if the decision does not adversely affect the interests of any other person; or

  (d)   a decision under the Corporations Act 2001 to which section   1317B of that Act applies;

  (e)   a decision under the Australian Securities and Investments Commission Act 2001 to which section   244 of that Act applies.

  (3)   A failure to do what this section requires does not affect the validity of the decision.

  (4)   In this section:

"reviewable decision" means:

  (a)   a decision that is reviewable by the Tribunal; or

  (b)   a decision that is reviewable by:

  (i)   a person whose decision on review is reviewable by the Tribunal; or

  (ii)   a person whose decision on review, because of subparagraph   (i), is a reviewable decision.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback