Document ID: chunk:federal_register_of_legislation:C2025C00130:section:138
Version: federal_register_of_legislation:C2025C00130
Segment Type: section
Provision Reference: s 138
Character Range: 491987–494191

138  Applications for ART child care provider review

Decision of Secretary or authorised review officer
 (1) If:
 (a) a child care provider decision (other than a decision made under section 197H or 197J) has been reviewed under section 109A; and
 (b) the decision has been affirmed, varied or set aside and substituted by the Secretary or authorised review officer under subsection 109A(2);
the provider may apply to the ART for review (ART child care provider review) of the decision of the Secretary or authorised review officer.
 (2) For the purposes of subsection (1), the decision of the Secretary or authorised review officer is taken to be:
 (a) if the Secretary or authorised review officer affirmed a decision—that decision as affirmed; or
 (b) if the Secretary or authorised review officer varied a decision—that decision as varied; or
 (c) if the Secretary or authorised review officer set aside a decision and substituted a new decision—the new decision.

Decision made personally by agency head
 (3) If a child care provider decision (other than a decision under section 197H or 197J) is made by:
 (a) the Secretary personally; or
 (b) another agency head personally in the exercise of a delegated power; or
 (c) the Chief Executive Centrelink in the exercise of a delegated power; or
 (d) the Chief Executive Medicare in the exercise of a delegated power;
the provider may apply to the ART for review (also an ART child care provider review) of the decision.

Referral to guidance and appeals panel
 (3A) If a guidance and appeals panel application is taken to have been made because the ART's decision on ART child care provider review is referred to the guidance and appeals panel, review of the decision to which that application relates is also an ART child care provider review.

Meaning of child care provider decision
 (4) Each of the following is a child care provider decision:
 (a) a decision under Part 4 (overpayments and debt recovery) in relation to a debt of an approved provider;
 (b) a decision under Part 8 (approval of provider of child care services) in relation to a provider;
 (c) a decision under section 205C (business continuity payments—emergency or disaster).