Social Security (Administration) Act 1999

Subject to subsection (3) and subsection 127(1), if a person applies under section 129 for review of a decision, the Secretary, the Chief Executive Centrelink or an authorised review officer must:

review the decision; and

do one of the following:

affirm the decision;

vary the decision;

set the decision aside and substitute a new decision.

In the case of an application for review of a decision made by an officer of the Employment Department as a delegate of the Secretary, the reference in subsection (1) to an authorised review officer is to be read as a reference to an authorised review officer who is an officer of that Department.

An authorised review officer may not review a decision relating to the exercise of the Secretary’s power under section 181 of this Act.

If:

a person sets aside a decision under subsection (1); and

the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;