Social Security (Administration) Act 1999

A person whose interests are affected by a reviewable decision may request the reviewer to reconsider the decision.

The person’s request must be made by written notice given to the reviewer within 28 days, or such longer period as the reviewer allows, after the day on which the person first received notice of the decision.

The notice must set out the reasons for making the request.

After receiving the request, the reviewer must reconsider the decision and:

confirm the decision; or

vary the decision; or

set the decision aside and substitute a new decision.

The reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:

on the day specified in the decision on review; or

if a day is not specified—on the day on which the decision on review was made.

The reviewer must give the person written notice of the decision on review.

The notice:

must be given within a reasonable period after the decision on review is made; and

must contain a statement of the reasons for the decision on review.

Section 266 of the ART Act requires the person to be notified of the person’s review rights.

The reviewer is taken, for the purposes of this Division, to have confirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person’s request.