Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:5_144
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 5 cl 144
Character Range: 792832–794794

144  Non‑reviewable decisions
  The ART cannot review any of the following decisions:
 (d) a decision under section 36 or 36A of the 1991 Act;
 (da) a decision under section 1061ZZGC of the 1991 Act;
 (e) a decision under a provision dealing with the approval by the Secretary of a course, labour market program, program of work for income support payment or rehabilitation program;
 (f) a decision under section 16 of this Act;
 (faa) a decision under subsection 42AM(1) of this Act;
 (fa) a decision under subsection 42P(3) of this Act;
 (g) a decision under section 58 or 59 to pay an amount to a person;
 (h) a decision to make a payment under section 75 of this Act;
 (i) a decision, under subsection 59(3) of this Act, to grant a claim for a pension bonus after the claimant has died;
 (k) a decision to give a notice under Subdivision B of Division 6 of Part 3 of this Act;
 (l) a decision to give a notice under subsection 123SE(3) or 123SIA(2);
 (laa) a decision to give a notice under subsection 123UO(3A);
 (lab) a decision to make a payment under subsection 123UP(2);
 (m) a decision under section 131 or 145 of this Act;
 (n) a decision under Division 1 of Part 5 of this Act;
 (o) a decision under section 238 of this Act;
 (p) a decision of the Secretary:
 (i) determining, under subsection 1100(2) of the 1991 Act, that it is not appropriate for that subsection to apply in respect of a payment or a class or kind of payments; or
 (ii) determining, in accordance with section 1100 of the 1991 Act, that a rate of exchange is appropriate for the calculation of the value in Australian currency of an amount (the foreign amount) received by a person in a foreign currency if that rate does not differ by more than 5% from the rate of exchange that was applied when the person received Australian currency for the foreign amount;
 (s) a decision relating to the Secretary's power under section 181 of this Act to settle proceedings before the ART.