Document ID: chunk:federal_register_of_legislation:C2025C00143:section:54:p1
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 54 (pt 1/6)
Character Range: 185487–188294

54                    A decision under the Aged Care (Transitional Provisions) Principles made under section 96‑1 that is specified in the Principles to be a decision reviewable under this section                                                  the provision specified in the Principles as the provision under which the decision is made

85‑2  Deadlines for making reviewable decisions
  If:
 (a) this Act provides for a person to apply to the Secretary to make a *reviewable decision; and
 (b) a period is specified under this Act for giving notice of the decision to the applicant; and
 (c) the Secretary has not notified the applicant of the Secretary's decision within that period;
the Secretary is taken, for the purposes of this Act, to have made a decision to reject the application.

85‑3  Secretary must give reasons for reviewable decisions
 (1) If this Act requires the Secretary to notify a person of the making of a *reviewable decision, the notice must include reasons for the decision.
 (2) Subsection (1) does not affect an obligation, imposed upon the Secretary by any other law, to give reasons for a decision.

85‑4  Secretary may reconsider reviewable decisions
 (1) The Secretary may reconsider a *reviewable decision if the Secretary is satisfied that there is sufficient reason to reconsider the decision.
 (3) The Secretary may reconsider a decision even if:
 (a) an application for reconsideration of the decision has been made under section 85‑5; or
 (b) if the decision has been confirmed, varied or set aside under section 85‑5—an application has been made under section 85‑8 for review of the decision.
 (3A) However, if an application has been made under section 85‑8 for review of the decision, section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the decision if:
 (a) the application is referred to the *guidance and appeals panel under section 122 of that Act; or
 (b) a *guidance and appeals panel application is taken to be made because the Administrative Review Tribunal's decision on the review is referred to the guidance and appeals panel under section 128 of that Act.
 (4) After reconsidering the decision, the Secretary must, subject to subsection (3A):
 (a) confirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.
 (5) The Secretary's decision (the decision on review) to confirm, vary or set aside the decision takes effect:
 (a) on the day specified in the decision on review; or
 (b) if a day is not specified—on the day on which the decision on review was made.
 (6) The Secretary must give written notice of the decision on review to the person to whom that decision relates.
Note: Section 266 of the Administrative Review Tribunal