Fair Entitlements Guarantee Act 2012

If the Secretary is satisfied that there is sufficient reason, the Secretary may review:

a decision whether a person is eligible for an advance; or

a decision on the amount of an advance a person is eligible for.

The Secretary may review a decision under subsection (1) even if an application has been made to the Administrative Review Tribunal for a review of the decision (as affirmed or varied under Subdivision B or substituted under that Subdivision for an earlier decision).

However, section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the decision if:

the application is referred to the guidance and appeals panel under section 122 of that Act; or

a guidance and appeals panel application is taken to be made because the Administrative Review Tribunal’s decision on the review is referred to the guidance and appeals panel under section 128 of that Act.

The Secretary must not review a decision under subsection (1) while a review of the decision is taking place under Subdivision B.

After reviewing the decision under subsection (1), the Secretary may, subject to subsection (2A), make a decision (the review decision):

affirming the decision that was reviewed; or

varying the decision that was reviewed; or

setting aside the decision that was reviewed and substituting a new decision.

The Secretary must give the person written notice of the review decision, setting out:

the terms of the review decision; and

written reasons for the review decision.

Failure to comply with subsection (5) does not affect the validity of the review decision.

The Secretary must give the Administrative Review Tribunal written notice of the review decision if:

the review decision varied, or substituted a new decision for, the decision that was reviewed under subsection (1); and

before the review decision was made, the person had applied to the Tribunal for review of the decision (as affirmed or varied under Subdivision B, or substituted for an earlier decision under that Subdivision) that was reviewed under subsection (1).