Document ID: chunk:federal_register_of_legislation:C2004A03678:body:0:p19
Version: federal_register_of_legislation:C2004A03678
Segment Type: other
Provision Reference: 
Character Range: 46010–48796

for review of the decision.
"(3) A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.

"Division 4—Review by Administrative Appeals Tribunal
"Subdivision A—Right to review by Administrative Appeals Tribunal

A person affected by a decision that has been reviewed by the Social Security Appeals Tribunal may apply to the Administrative Appeals Tribunal for a further review of the decision
"205. (1) Where a decision has been reviewed by the Social Security Appeals Tribunal and has been affirmed, varied or set aside, application may be made to the Administrative Appeals Tribunal for a review of the decision of the Social Security Appeals Tribunal.
"(2) For the purposes of subsection (1), the decision made by the Social Security Appeals Tribunal shall be taken to be:
     (a) where the Tribunal affirms a decision—the decision as affirmed;
     (b) where the Tribunal varies a decision—the decision as varied;
     (c) where the Tribunal sets a decision aside and substitutes a new decision—the new decision; and
     (d) where the Tribunal sets a decision aside and sends the matter back to the Secretary for reconsideration in accordance with any directions or recommendations of the Tribunal—the directions or recommendations of the Tribunal.
"(3) Subsection (1) has effect subject to section 29 of the Administrative Appeals Tribunal Act 1975.
      Note: Section 29 of the Administrative Appeals Tribunal Act 1975 lays down the manner in which an application to the AAT for review of a decision must be made.
"(4) Where:
     (a) the Administrative Appeals Tribunal sets a decision aside; 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, deem the event to have occurred for the purposes of this Act.

What happens if the decision under review is varied while the application for review is still being heard?
"206. (1) Where an officer varies a decision after an application has been made to the Administrative Appeals Tribunal for review of that decision but before the determination of the application for review, the application shall be treated as if it were an application for review of the decision as varied.
"(2) Where an officer sets a decision aside and substitutes a new decision after an application has been made to the Administrative Appeals Tribunal for review of the decision but before determination of the review, the application shall be treated as if it were an application for review of the new decision.
"(3) Where:
     (a) a person applies to the Administrative Appeals Tribunal for review of a decision; and
     (b) before determination of the review, an