Student Assistance Act 1973

The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision.

Subsection (1) does not apply to a decision of the Secretary that relates to the Secretary’s powers under section 327 to settle proceedings before the ART.

Subsection (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP.

The Secretary may review a decision even if an application has been made to the ART for a review in relation to the decision.

The Secretary may:

affirm the decision; or

vary the decision; or

set the decision aside and substitute a new decision.

If the Secretary makes a decision under subsection (4) after a person has applied to the ART for a review in relation to the decision, the Secretary must give written notice of the Secretary’s decision to the ART Principal Registrar.

If:

the Secretary sets a decision aside under subsection (4); and

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