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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 129

Application for review
(1)
Subject to subsections (3) and (4), a person affected by:

(a)
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 section 96- 2(7) of that Act;

may apply to the Secretary for review of the decision.

(2)
If an officer makes a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 about a particular agreement:

(a)
for the purposes of the application of this section to the decision:

(i)
both of the parties to the agreement are taken to be persons affected by the decision; and
(ii)
only one of the parties is entitled to apply for review of the decision; and
(b)
if a party applies for review of the decision, the Secretary must:

(i)
by notice in writing or in a manner approved by the Secretary, inform the other party of the making of the application and give the other party such of the information contained in the application as is reasonably necessary to enable the party to make a submission in connection with the review; and
(ii)
give both parties a reasonable opportunity to make a submission in connection with the review.
(3)
If:

(a)
an officer makes a decision under Part 3 in relation to pension bonus; and

(b)
notice is given to the person concerned;

the person is not entitled to make an application under subsection (1) for review of the decision more than 13 weeks after the giving of the notice.

(4)
A person may not apply under subsection (1) for review of:

(a)
a decision made by the Secretary himself or herself; or

(b)
a decision under subparagraph (2)(b)(i) regarding the information to be given to a person under that subparagraph; or

(c)
a decision made by the Employment Secretary:

(i)
under section 28 of the 1991 Act; or
(ii)
approving a course of study or a labour market program; or
(iii)
exempting a person from the application of a provision of the social security law; or
(d)
a decision made by the Minister for Agriculture, Fisheries and Forestry or the Secretary to the Department of Agriculture, Fisheries and Forestry under the Farm Household Support Act 1992 ; or

(e)
a decision made by the Health Secretary under or in relation to the social security law; or

(f)
a decision made by the CEO himself or herself in the exercise of a delegated power.

(5)
A reference in this section to a decision of an officer under the social security law includes a reference to a determination that the Secretary is taken, by virtue of a provision of the social security law, to have made.


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