Document ID: chunk:federal_register_of_legislation:C2004A03678:body:0:p20
Version: federal_register_of_legislation:C2004A03678
Segment Type: other
Provision Reference: 
Character Range: 48552–51252

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 officer varies the decision or sets the decision aside and substitutes the new decision;
the person may either:
     (c) proceed with the application for review of the decision as varied or the new decision; or
     (d) withdraw the application.

The Secretary will be able to apply to the Administrative Appeals Tribunal for review of a decision that the Social Security Appeals Tribunal has varied or set aside
"207. Where a decision has been reviewed by the Social Security Appeals Tribunal and has been varied or set aside, the Administrative Appeals Tribunal Act 1975 applies to a review under section 205 of the Social Security Appeals Tribunal's decision as if the Secretary were, for the purposes of section 27 of that Act, a person whose interests are affected by the Social Security Appeals Tribunal's decision.
      Note: Section 27 of the Administrative Appeals Tribunal Act 1975 says that where an Act provides that an application may be made to the AAT for a review of a decision, the application may be made by or on behalf of any person whose interests are affected by the decision.

"Subdivision B—Modification of the Administrative Appeals Tribunal Act 1975

Modification of the Administrative Appeals Tribunal Act
"208. This Subdivision sets out the modifications of the Administrative Appeals Tribunal Act 1975 that need to be made for applications for review under section 205.

Applicant's right to have a statement of the reasons for the decision under review
"209. The Administrative Appeals Tribunal Act 1975 applies to an application under section 205 for review of a decision as if references in section 28 of that Act to the person who made the decision were references to the National Convener.
      Note: Section 201 of this Act requires the SSAT to give the parties to a review copies of a statement setting out reasons, findings on material questions of fact and a reference to the evidence or other material on which the findings were based. Section 28 of the Administrative Appeals Tribunal Act 1975 entitles an applicant for review by the AAT to ask the person who made the decision for a statement setting out the same matters. Subsection 28 (4) of the Administrative Appeals Tribunal Act 1975 says that an applicant for review is not entitled to a statement under that section if the matters referred to in section 201 of this Act are set out in the decision itself or in a written statement given to the applicant.