Commonwealth Numbered Acts

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 126

Review of decisions by Secretary
(1)
The Secretary may review:

(a)
subject to subsection (2), a decision of an officer under the social security law; or

(b)
a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 ; or

(c)
a decision of an officer under the Farm Household Support Act 1992 ; or

(d)
a decision under section 5A, 5B, 5C, 5D, 5DA, 5DB, 5E, 5EA or 5EB of the Health Insurance Act 1973 ; or

(e)
a decision under section 44-24 of the Aged Care Act 1997 by the Secretary or by a person to whom the Secretary has sub-delegated power under subsection 96- 2(7) of that Act;

if the Secretary is satisfied that there is sufficient reason to review the decision.

(2)
The Secretary may review a decision:

(a)
whether or not any person has applied for review of the decision; and

(b)
even though an application has been made to the Social Security Appeals Tribunal or the Administrative Appeals Tribunal for review of the decision.

(3)
The Secretary may:

(a)
affirm a decision; or

(b)
vary a decision; or

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

(4)
If:

(a)
the Secretary sets a decision aside under subsection (3); 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, determine that the event is taken to have occurred for the purposes of the social security law.


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