Rejection of claims—review by Administrative Review Tribunal
71 Rejection of claims—review by Administrative Review Tribunal
Where:
a notice under subsection 70(2) has been, or is to be taken to have been, given to a person who has made a claim for compensation; and
the claimant has not made an application to the Federal Court under section 72 in respect of the rejection of the claim;
the claimant may apply to the Administrative Review Tribunal for a review of the decision of the Minister to reject the claim.
Subject to subsections (3) and (4), the Administrative Review Tribunal Act 2024 applies to the application.
Despite section 18 of the Administrative Review Tribunal Act 2024, an application for review of the decision must be made within 90 days after the day on which the notice under subsection 70(2) was given, or is to be taken to have been given, to the person.
On the application, the Tribunal may exercise all the powers and discretions conferred by this Act on the Minister in deciding whether to accept or reject the claim for compensation and shall make a decision:
affirming the rejection of the claim by the Minister; or
accepting the claim.
If the decision of the Tribunal in relation to the application affirms the rejection by the Minister of the claim for compensation, the interest specified in the claim shall be taken, for the purposes of this Act, not to have been acquired from the claimant by compulsory process.
If the decision of the Tribunal in relation to the application is to accept the claim for compensation rejected by the Minister:
the interest specified in the claim shall be taken, for the purposes of this Act, to have been acquired from the claimant by compulsory process; and
the Minister shall give a notice under subsection 70(1) to the claimant.
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