Document ID: chunk:federal_register_of_legislation:C2010A00065:clause:2_87aa
Version: federal_register_of_legislation:C2010A00065
Segment Type: clause
Provision Reference: sch 2 cl 87AA
Character Range: 123817–125753

87AA  Date of effect of objections relating to care percentage decisions that are allowed
 (1) If:
 (a) a person lodges, under section 80A, an objection to a care percentage decision; and
 (b) the objection is lodged more than 28 days or, if the person is a resident of a reciprocating jurisdiction, 90 days after notice of the care percentage decision was served; and
 (c) the Registrar decides (the review decision), under section 87, to allow the objection in a way that has the effect of varying the determination to which the care percentage decision relates, or substituting a new determination;
the date of effect of the review decision is the day on which the person lodged the objection.
 (2) If the Registrar is satisfied that there are special circumstances that prevented the person from lodging the objection within the period referred to in paragraph (1)(b), the Registrar may determine that subsection (1) applies as if:
 (a) in a case where the person is a resident of a reciprocating jurisdiction—the reference to 90 days in that paragraph were a reference to such longer period as the Registrar determines to be appropriate; or
 (b) otherwise—the reference to 28 days in that paragraph were a reference to such longer period as the Registrar determines to be appropriate.
 (3) If:
 (a) the Registrar decides to make a determination under subsection (2) in relation to a person; or
 (b) the Registrar decides not to make such a determination in relation to a person;
the Registrar must give written notice of the decision to each person affected by the decision.
 (4) The notice must:
 (a) set out the reasons for the decision; and
 (b) include a statement to the effect that, if the person is aggrieved by the decision, application may be made, subject to this Act, to the SSAT for review of the decision.
 (5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.