Date of effect of objections relating to care percentage decisions that are allowed
87AA Date of effect of objections relating to care percentage decisions that are allowed
If:
a person lodges, under section 80A, an objection to a care percentage decision; and
the objection is lodged more than 28 days or, if the person is a resident of a reciprocating jurisdiction, 90 days after notice of the care percentage decision was served; and
the Registrar decides (the review decision), under section 87, to allow the objection in a way that has the effect of varying the determination to which the care percentage decision relates, or substituting a new determination;
the date of effect of the review decision is the day on which the person lodged the objection.
If the Registrar is satisfied that there are special circumstances that prevented the person from lodging the objection within the period referred to in paragraph (1)(b), the Registrar may determine that subsection (1) applies as if:
in a case where the person is a resident of a reciprocating jurisdiction—the reference to 90 days in that paragraph were a reference to such longer period as the Registrar determines to be appropriate; or
otherwise—the reference to 28 days in that paragraph were a reference to such longer period as the Registrar determines to be appropriate.
If:
the Registrar decides to make a determination under subsection (2) in relation to a person; or
the Registrar decides not to make such a determination in relation to a person;
the Registrar must give written notice of the decision to each person affected by the decision.
The notice must:
set out the reasons for the decision; and
include a statement to the effect that, if the person is aggrieved by the decision, application may be made, subject to this Act, to the SSAT for review of the decision.
A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.
86 Subsection 89(1) (paragraph (a) of table item 2, column headed “Who may apply for review”)
After “section 80”, insert “or 80A”.
87 Subsection 89(1) (at the end of the table)
Add:
3 | a decision to make a determination under subsection 87AA(2) or a decision not to make such a determination | a person affected by the decision |
4 | a decision to make a determination under subsection 110Y(3) or 110Z(3) or a decision not to make such a determination | a person affected by the decision |
88 Subsection 90(1)
Repeal the subsection, substitute:
An application for review under this Part (other than an application for review of a decision on an objection to a care percentage decision) must be made by a person within the period of 28 days starting on:
if the decision is set out in item 1 or 2 of the table in subsection 89(1)—the day on which the relevant notice under subsection 83(3) or 87(2) is served on the person; or
otherwise—the day on which the relevant notice under subsection 87AA(3), 110Y(4) or 110Z(4) is given to the person.
89 Subsection 90(2)
Omit “subsection (1)”, substitute “paragraph (1)(a) or (b)”.
90 Section 103S
Before “If”, insert “(1)”.
91 At the end of section 103S
Add:
If:
the review is a review of a decision (the original decision) under subsection 87(1) on an objection to a care percentage decision; and
a review of a decision carried out under Division 2 of Part 5 of the Family Assistance Administration Act has involved (wholly or partly) a review of the determination to which the care percentage decision relates;
the SSAT 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.
92 Subsection 103V(2)
Omit “The decision”, substitute “Subject to subsection (3), the decision”.
93 At the end of section 103V
Add:
If:
the decision (the original decision) under review is a decision on an objection to a care percentage decision; and
the application for review of the original decision was made more than 28 days or, if the person is a resident of a reciprocating jurisdiction, 90 days after notice of the original decision was served;
the original decision as varied or the new decision (as the case may be) has effect, or is to be taken to have had effect, on and from the day on which the application was made.
If the SSAT is satisfied that there are special circumstances that prevented the application from being made within the period referred to in paragraph (3)(b), the SSAT may determine that subsection (3) applies as if:
in a case where the person is a resident of a reciprocating jurisdiction—the reference to 90 days in that paragraph were a reference to such longer period as the SSAT determines to be appropriate; or
otherwise—the reference to 28 days in that paragraph were a reference to such longer period as the SSAT determines to be appropriate.
If:
the SSAT decides to make a determination under subsection (4) in relation to a person; or
the SSAT decides not to make such a determination in relation to a person;
the SSAT must give written notice of the decision to each person affected by the decision.
The notice must include a statement to the effect:
that the person may, subject to the Administrative Appeals Tribunal Act 1975, apply to the AAT for review of the decision; and
except where subsection 28(4) of that Act applies—that the person may request a statement under section 28 of that Act.
A contravention of subsection (6) in relation to a decision does not affect the validity of the decision.
94 After subsection 103VA(1)
Insert:
If:
the decision (the original decision) reviewed by the SSAT is a decision on an objection to a care percentage decision; and
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.
An application may be made to the AAT for review of:
a decision of the SSAT under subsection 103V(4) to make a determination under that subsection in relation to a person; or
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.”.
95 Subsection 103VA(2)
Omit “subsection (1)”, substitute “this section”.
96 Section 110N
After:
• A person might commit an offence if the person publishes an account of a proceeding, or a list of proceedings, under Part VIIA or Division 3 of Part VIII that identifies a witness or party.
Insert:
• The date of effect of reviews of decisions under the Family Assistance Administration Act that apply for child support purposes is dealt with in Division 6.
97 At the end of Part VIIIA
Add:
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