Application for review
129 Application for review
Subject to subsections (3) and (4), a person affected by a decision of an officer under the social security law may apply to the Secretary for review of the decision.
If:
an officer makes a decision under the social security law in relation to pension bonus or essential medical equipment payment; and
notice is given to the person concerned;
the person is not entitled to make an application under subsection (1) for review of the decision more than 13 weeks after the giving of the notice.
A person may not apply under subsection (1) for review of:
a decision made by the Secretary himself or herself; or
a decision made by the Employment Secretary:
under section 28 of the 1991 Act; or
approving a course of study or a labour market program; or
exempting a person from the application of a provision of the social security law; or
a decision made personally by the Agriculture Minister or the Secretary of the Agriculture Department under or in relation to the Farm Household Support Act 2014; or
a decision that is a reviewable decision under section 138A (decision by Commissioner about deferring or amending assessment relating to student start‑up loans); or
a decision under section 138D or 138F (decision following reconsideration of a decision that is a reviewable decision under section 138A); or
a decision by the Commissioner to give a notice under subsection 1061ZVJD(1) or 1061ZVJF(1) of the 1991 Act (notifying Secretary that incorrect or cancelled tax file number has been given in relation to student start‑up loans); or
a decision made by the Chief Executive Centrelink himself or herself in the exercise of a delegated power.
A reference in this section to a decision of an officer under the social security law includes a reference to a determination that the Secretary is taken, by virtue of a provision of the social security law, to have made.
This Act’s bill:Explanatory memorandumSecond reading speech
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