Document ID: chunk:federal_register_of_legislation:C2004A03678:body:0:p6
Version: federal_register_of_legislation:C2004A03678
Segment Type: other
Provision Reference: 
Character Range: 13837–16571

decision under subsection (3); and
     (b) at the time when the Secretary makes that decision, a person has applied to the Social Security Appeals Tribunal for review of the decision that was reviewed by the Secretary;
the Secretary shall give the National Convener written notice of the Secretary's decision under subsection (3).
"(5) Where:
     (a) the Secretary makes a decision under subsection (3); and

     (b) at the time when the Secretary makes that decision, a person has applied to the Administrative Appeals Tribunal for review of the decision that was reviewed by the Secretary;
the Secretary shall give the Registrar of the Administrative Appeals Tribunal written notice of the Secretary's decision under subsection (3).
"(6) Where:
     (a) the Secretary sets a decision aside under subsection (3); 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.

A person affected by a decision may apply to the Secretary for review of the decision
"173. (1) A person affected by:
     (a) a decision of an officer under this Act; or
     (b) a decision under section 5a, 5b, 5c, 5d or 5e of the Health Insurance Act 1973;
may apply to the Secretary for review of the decision.
"(2) Subsection (1) does not apply to a decision made by the Secretary himself or herself.
"(3) A person may apply under subsection (1) for review of a decision, and the Secretary or an authorised review officer may review the decision, even if an application has been made to the Social Security Appeals Tribunal or the Administrative Appeals Tribunal for review of the decision.
"(4) Where a person applies under subsection (1) for review of a decision, the Secretary shall:
     (a) if, at the time when the person applies, an application has been made to the Social Security Appeals Tribunal for review of the decision—give the National Convener written notice of the making of the application under subsection (1);
     (b) if, at the time when the person applies, an application has been made to the Administrative Appeals Tribunal for review of the decision—give the Registrar of the Tribunal written notice of the making of the application under subsection (1);
     (c) if, after the application is made under subsection (1) and before the Secretary or an authorised review officer determines the review, an application is made to the Social Security Appeals Tribunal for review of the decision—give the National Convener written notice of the making of the application under subsection (1); and
     (d) if, after the application is made