Document ID: chunk:federal_register_of_legislation:C2024C00582:section:211
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 211
Character Range: 334780–336579

211  Internal review—notice of decision on review of claimant decision

Scope
 (1) This section applies if a person (the decision‑maker) makes a decision under subsection 203(4) or paragraph 205(1)(b) in relation to a claimant decision.

Notice
 (2) The decision‑maker must give written notice of the decision to:
 (a) any natural person (other than an employer) if the decision‑maker is satisfied that his or her interests are affected by the decision; and
 (b) for a decision under paragraph 205(1)(b) in response to an application—the applicant.
 (3) If the decision relates to a child, the decision‑maker must also give written notice of the decision to:
 (a) any natural person who has made a claim in relation to the child; and
 (b) any natural person who has notified the Secretary that he or she intends to make a claim in relation to the child, if the decision‑maker is satisfied that the claim has or would have a reasonable prospect of success.
 (4) A notice under subsection (2) or (3) given to a person in relation to a decision must include a statement to the effect that the person may, subject to this Act and the ART Act, apply to the ART for review of the decision.
 (5) Subsection (4) does not apply in relation to a decision referred to in subsection 215(2).
Note: Subsection 215(2) excludes certain claimant decisions from ART review.
 (6) A notice under subsection (2) or (3) given to a particular person in relation to a decision may also, if the decision‑maker considers it appropriate, include a statement that does one or more of the following, in whole or in part:
 (a) sets out the reasons for the decision;
 (b) sets out the findings by the decision‑maker on material questions of fact;
 (c) refers to the evidence or other material on which those findings were based.