Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_106:p2
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 106 (pt 2/2)
Character Range: 368349–370797

of hours under section 64B because a circumstance listed in subsection 55(8) of the Family Assistance Act applies; or
 (iii) to determine a rate under subsection 81(3) of the Family Assistance Act;
the Secretary must give notice of the review decision to the approved child care service providing care to the child concerned.

Notice to be given of other review decisions

 (3) If:
 (a) the Secretary makes a review decision under section 50K to:
 (i) vary an original decision; or
 (ii) set aside an original decision and substitute a new decision; and
 (b) the review decision is in respect of any other original decision that, under section 104, may be reviewed (other than a review decision referred to in subsection (1) or (2);
the Secretary must:
 (c) if the original decision is a decision under the family assistance law—give notice of the review decision to the person whose entitlement, or possible entitlement, to family assistance is affected by the decision; and
 (d) if the original decision is a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 about an agreement—give notice of the review decision to both parties to the agreement.

Notice must state effect of review decision

 (4) A notice must state the effect of the review decision and that the applicant, or person whose entitlement or possible entitlement is affected by the decision, may apply for review of the review decision involved in the manner set out in this Part.

Review decision not affected by lack of notice

 (5) A contravention of subsection (1), (2), (3) or (4) in relation to a review decision does not affect the validity of the decision.

Notice of review decisions to be given to the SSAT or the AAT if application made for review

 (6) If:
 (a) the Secretary makes a review decision to:
 (i) vary an original decision; or
 (ii) set aside an original decision and substitute a new decision; and
 (b) by the time the Secretary makes that decision, a person has applied to the SSAT or the AAT for review of the original decision that was reviewed by the Secretary;
the Secretary must give written notice of the Secretary's review decision to the Executive Director of the SSAT or to the Registrar of the AAT, as the case requires.

Meaning of determination decision

 (7) In this section:

determination decision means a decision that is a determination as originally made, or, if varied, the variation of the determination.