Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973 - SECT 303

Decisions that Secretary may review

  (1)   The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision.

Decisions that are not reviewed

  (2)   Subsection   (1) does not apply to a decision of the Secretary that relates to the Secretary's powers under section   327 to settle proceedings before the Administrative Appeals Tribunal.

  (2A)   Subsection   (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP.

Applications to AAT

  (3)   The Secretary may review a decision even if an application has been made to the AAT for a review in relation to the decision.

Secretary may affirm, vary or substitute

  (4)   The Secretary may:

  (a)   affirm the decision; or

  (b)   vary the decision; or

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

Notice to AAT Registrar

  (6)   If the Secretary makes a decision under subsection   (4) after a person has applied to the AAT for a review in relation to the decision, the Secretary must give written notice of the Secretary's decision to the Registrar of the AAT.

Event taken to have occurred

  (7)   If:

  (a)   the Secretary sets a decision aside under subsection   (4); and

  (b)   the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.