Document ID: chunk:federal_register_of_legislation:C2004A03678:body:0:p7
Version: federal_register_of_legislation:C2004A03678
Segment Type: other
Provision Reference: 
Character Range: 16315–19099

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 under subsection (1) and before the Secretary or an authorised review officer determines the review, an application is 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).

The Secretary's powers on review
"174. (1) Where a person applies under subsection 173 (1) for review of a decision, the Secretary or an authorised review officer shall:
     (a) affirm the decision;
     (b) vary the decision; or
     (c) set the decision aside and substitute a new decision.
"(2) Where a person makes a decision under subsection (1), the person shall give the applicant written notice of the decision.
"(3) Where:
     (a) a person makes a decision under subsection (1); and
     (b) at the time when the person makes the decision under subsection (1), an application has been made to the Social Security Appeals Tribunal for review of the decision that was reviewed by the person;
the person shall give the National Convener written notice of the person's decision under subsection (1).
"(4) Where:
     (a) a person makes a decision under subsection (1); and
     (b) at the time when the person makes the decision under subsection (1), an application has been made to the Administrative Appeals Tribunal for review of the decision that was reviewed by the person;
the person shall give the Registrar of the Tribunal written notice of the person's decision under subsection (1).
"(5) Where:
     (a) a person sets a decision aside under subsection (1); 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.

The Secretary will notify the applicant of the applicant's right to apply to the Social Security Appeals Tribunal and the Administrative Appeals Tribunal
"175. (1) Where a person gives the applicant notice under subsection 174 (2), the notice shall include:
     (a) a statement to the effect that the applicant may, subject to this Act, apply to the Social Security Appeals Tribunal for review of the person's decision;
     (b) a statement to the effect that, if the applicant applies to the Social Security Appeals Tribunal for review of the person's decision, the

     applicant will, under section 185, be given a statement about the decision that:
         (i) sets out the reasons for the