Date of effect of certain ART review decisions relating to care percentage decision
95N Date of effect of certain ART review decisions relating to care percentage decision
If:
on ART review, the ART varies or substitutes a decision on an objection to a care percentage decision; and
the application for ART review was made more than 28 days, or, if the applicant is a resident of a reciprocating jurisdiction, 90 days, after notice of the decision was given; and
the application for ART review was not a guidance and appeals panel application;
then, despite subsections 108(4) and (5) of the ART Act, the decision as varied or substituted by the ART has or is taken to have had effect on and from the day the application for ART review was made.
If the ART is satisfied that there are special circumstances that prevented the application for ART review being made within the period referred to in paragraph (1)(b), the ART may determine that subsection (1) applies as if:
for an applicant who is a resident of a reciprocating jurisdiction—the reference to 90 days in that paragraph were a reference to such longer period as the ART determines to be appropriate; or
otherwise—the reference to 28 days in that paragraph were a reference to such longer period as the ART determines to be appropriate.
The ART must give written notice of a decision to make, or not to make, a determination under subsection (2) in relation to a person, to each person affected by the decision.
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