Document ID: chunk:federal_register_of_legislation:C2004A03678:body:0:p22
Version: federal_register_of_legislation:C2004A03678
Segment Type: other
Provision Reference: 
Character Range: 53393–56152

relation to the decision

if the Secretary gives the Administrative Appeals Tribunal the prescribed number of copies of the statement prepared by the Social Security Appeals Tribunal under paragraph 204 (1) (a).
"(3) Subsection (2) does not limit the Administrative Appeals Tribunal's powers under section 38 of the Administrative Appeals Tribunal Act 1975.
      Note: Subsection 37 (1) of the Administrative Appeals Tribunal Act 1975 requires a person who has made a decision that is under review by the AAT to give the AAT copies of:
            (a) a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and
            (b) every other document or part of a document that is in the person's possession or under the person's control and is considered by the person to be relevant to the review.
      Unless subsection 212 (1) said otherwise, the obligations under section 37 of the Administrative Appeals Tribunal Act 1975 would fall on the SSAT. Paragraph 204 (1) (a) requires the SSAT to prepare a written statement of reasons, findings and evidence for its decision and paragraph 204 (1) (b) requires the SSAT to give the Secretary a copy of the statement. As the Secretary has possession of the statement and the relevant documents, the Secretary is the appropriate person to give them to the AAT.

Power of the Administrative Appeals Tribunal to obtain additional statements
"213. The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 205 as if references in section 38 of that Act to the person who lodges a statement referred to in paragraph 37 (1) (a) of that Act with the Tribunal were references to the National Convener.
      Note: The effect of section 213 is that if the AAT considers that the section 204 statement is not adequate, the AAT may ask the National Convener to provide an additional statement containing further and better details.

Operation and implementation of the decision under review
"214. The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 205 as if the references in subsection 41 (4) to the person who made the decision were references to each party to the review by the Social Security Appeals Tribunal.
      Note: Section 41 of the Administrative Appeals Tribunal Act 1975 deals with the operation and implementation of a decision under review by the AAT.

Power of the Administrative Appeals Tribunal to strike out a party
"215. The Administrative Appeals Tribunal Act 1975 applies to a review under section 205 as if the reference in subsection 42a (2) to the person who made the decision were