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COMMONWEALTHAct
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s 103

Applications to the Administrative Review Tribunal

In force
Chapter 4Administration
Part 6Review of decisions

103 Applications to the Administrative Review Tribunal

(1)

Applications may be made to the Administrative Review Tribunal for review of a decision made by a reviewer under subsection 100(6).

(1A)

An application under subsection (1) may be made only by, or on behalf of, a person directly affected by the decision.

(1B)

Sections 266 (decision‑maker to give notice of decision and review rights) and 268 (requesting reasons for reviewable decision from decision‑maker) of the Administrative Review Tribunal Act 2024 apply only in relation to a person directly affected by the decision.

(2)

If:

(a)

an application is made to the Administrative Review Tribunal for review of a decision made by a reviewer under subsection 100(6); and

(b)

the decision relates to a statement of participant supports in a participant’s plan; and

(c)

before a decision on the review is made and despite subsection 31(1) of the Administrative Review Tribunal Act 2024:

(i)

the CEO varies the plan under subsection 47A(1) of this Act and the variation is a change to that statement; or

(ii)

a new plan for the participant comes into effect under section 37 of this Act;

then:

(d)

if subparagraph (c)(i) applies—the application is also taken to be an application for review of the decision to make the variation covered by that subparagraph; or

(e)

if subparagraph (c)(ii) applies—the application is also taken to be an application for review of the decision to approve the statement of participant supports in the new plan.

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