Document ID: chunk:federal_register_of_legislation:C2010A00065:clause:2_94
Version: federal_register_of_legislation:C2010A00065
Segment Type: clause
Provision Reference: sch 2 cl 94
Character Range: 129478–130499

94  After subsection 103VA(1)
Insert:
 (1A) If:
 (a) the decision (the original decision) reviewed by the SSAT is a decision on an objection to a care percentage decision; and
 (b) a review of a decision carried out by the AAT under the Administrative Appeals Tribunal Act 1975 has involved (wholly or partly) a review of the determination to which the care percentage decision relates;
then, despite section 43 of that Act, the AAT must not vary the original decision, or set the original decision aside and substitute a new decision, in a way that has the effect of varying the determination or substituting a new determination.
 (1B) An application may be made to the AAT for review of:
 (a) a decision of the SSAT under subsection 103V(4) to make a determination under that subsection in relation to a person; or
 (b) a decision of the SSAT under subsection 103V(4) not to make a determination under that subsection in relation to a person.
Note: The heading to section 103VA is altered by adding at the end "etc.".