Social Security (Administration) Act 1999

The Minister may, by legislative instrument, determine that:

a specified department, or a specified part of a department, of a State or Territory; or

a specified body of a State or Territory; or

a specified agency of a State or Territory;

Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families.

Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123SCJ(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.

In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:

the cost of the review process to applicants;

the timeliness of the review process;

whether the review process provides that applicants are entitled to be represented and heard;

the degree of independence of the review process;

whether the review process provides for the use of the services of an interpreter.