Commonwealth Numbered Acts

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 179

Review of decisions by AAT
(1)
If:

(a)
a decision has been reviewed by the SSAT; and

(b)
the decision has been affirmed, varied or set aside by the SSAT;

application may be made to the AAT for review of the decision of the SSAT.

(2)
For the purposes of subsection (1), the decision made by the SSAT is taken to be:

(a)
where the SSAT affirms a decision—that decision as affirmed; and

(b)
where the SSAT varies a decision—that decision as varied; and

(c)
where the SSAT sets a decision aside and substitutes a new decision—the new decision; and

(d)
where the SSAT sets a decision aside and sends the matter back to the Secretary for reconsideration in accordance with any directions or recommendations of the SSAT—the directions or recommendations of the SSAT.

(3)
Subsection (1) has effect subject to section 29 of the Administrative Appeals Tribunal Act 1975 .

(4)
If:

(a)
the AAT sets aside a decision of the SSAT; 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, direct that the event is to be taken, for the purposes of the social security law, to have occurred.

(5)
If an officer makes a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 about a particular agreement, then, for the purposes of the application of the Administrative Appeals Tribunal Act 1975 to, or to a matter arising out of, the decision, both of the parties to the agreement are taken to be persons whose interests are affected by the decision.


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