Non‑reviewable decisions
144 Non‑reviewable decisions
The ART cannot review any of the following decisions:
a decision under section 36 or 36A of the 1991 Act;
a decision under section 1061ZZGC of the 1991 Act;
a decision under a provision dealing with the approval by the Secretary of a course, labour market program, program of work for income support payment or rehabilitation program;
a decision under section 16 of this Act;
a decision under subsection 42AM(1) of this Act;
a decision under subsection 42P(3) of this Act;
a decision under section 58 or 59 to pay an amount to a person;
a decision to make a payment under section 75 of this Act;
a decision, under subsection 59(3) of this Act, to grant a claim for a pension bonus after the claimant has died;
a decision to give a notice under Subdivision B of Division 6 of Part 3 of this Act;
a decision to give a notice under subsection 123SE(3) or 123SIA(2);
a decision to give a notice under subsection 123UO(3A);
a decision to make a payment under subsection 123UP(2);
a decision under section 131 or 145 of this Act;
a decision under Division 1 of Part 5 of this Act;
a decision under section 238 of this Act;
a decision of the Secretary:
determining, under subsection 1100(2) of the 1991 Act, that it is not appropriate for that subsection to apply in respect of a payment or a class or kind of payments; or
determining, in accordance with section 1100 of the 1991 Act, that a rate of exchange is appropriate for the calculation of the value in Australian currency of an amount (the foreign amount) received by a person in a foreign currency if that rate does not differ by more than 5% from the rate of exchange that was applied when the person received Australian currency for the foreign amount;
a decision relating to the Secretary’s power under section 181 of this Act to settle proceedings before the ART.
This Act’s bill:Explanatory memorandumSecond reading speech
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