Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_109b
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 109B
Character Range: 380922–383530

109B  Notice to be given of decisions under section 109A

Decision reviewer to give notice of section 109A decision

 (1) The decision reviewer of a decision reviewed under section 109A must give notice of the review decision as set out in this section.

Notice to be given where original decision relates to determination of conditional eligibility etc.

 (2) If:
 (a) a review decision concerns an individual in respect of whom a determination of conditional eligibility for child care benefit by fee reduction is, or was, in force (the applicant); and
 (b) the review decision is to:
 (i) vary an original decision in respect of the applicant; or
 (ii) set aside an original decision in respect of the applicant and substitute a new decision; and
 (c) the review decision relates to one of the following decisions:
 (i) a determination decision in respect of conditional eligibility (a determination of conditional eligibility is made under section 50F);
 (ii) a determination decision in respect of a weekly limit of hours (a determination of a weekly limit of hours is made under section 50H);
 (iii) a determination decision in respect of CCB % (a determination of CCB % is made under section 50J);
 (iv) a determination decision in respect of schooling % (a determination of schooling % is made under section 50K);
 (v) a determination decision in respect of rate under subsection 81(2) of the Family Assistance Act;
 (vi) a determination decision in respect of no entitlement hours (a determination of no entitlement is made under section 50G);
the decision reviewer must give notice of the review decision to:
 (d) the applicant; and
 (e) the approved child care service, or services, providing care to the child concerned.

Notice to be given of other review decisions

 (3) If a review decision is in respect of any other original decision that may be reviewed under section 109A other than an original decision referred to in subsection (2), the decision reviewer must:
 (a) give the applicant written notice of his or her decision to affirm or vary the decision reviewed or to set it aside and substitute a new decision; and
 (b) if the decision is a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 about an agreement and the other party to the agreement has made a submission in relation to the review—also give the other party written notice of his or her decision.

Meaning of determination decision

 (4) In this section:

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