Commonwealth Consolidated Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 89

  (1)   The ART Act applies in relation to:

  (a)   the review of reviewable decisions; and

  (b)   the review of extension of time decisions; and

  (c)   ART extension applications;

subject to the modifications set out in this section.

  (2)   Section   57 of the ART Act has effect as if the reference to places in Australia or an external Territory were a reference to any place, whether within or outside Australia.

  (3)   Despite section   18 (when to apply--general rule) of the ART Act, an application to the ART for review of a reviewable decision must be made within 60 days after the person making the application is served with notice of the decision.

Note:   A person may, under section   19 of the ART Act, apply to the ART to extend the period.

  (4)   If:

  (a)   the ART has not made a decision under section   105 of the ART Act; and

  (b)   the Fund has become the employer of an employee because of subsection   4(3);

then:

  (c)   paragraph   22(1)(b) and subsection   268(1) of the ART Act have effect as if a reference to the person who made the decision were a reference to the Fund; and

  (d)   the ART must:

  (i)   if the ART has begun hearing the proceedings but not completed the hearing of the proceedings--adjourn the proceedings for a period of at least 28 days beginning on the day the ART becomes aware of the default event in relation to the actual employer; and

  (ii)   if the ART has not begun hearing the proceedings--not begin hearing the matter for a period of at least 28 days beginning on the day the ART becomes aware of the default event in relation to the actual employer.