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Division 5 : Authorisation of payment and review of decisions

11.2.21 Payment of SIA or ADB

  1. The Secretary may authorise the payment to a person of an amount of SIA or ADB payable under this Part in relation to a member.

  2. Without limiting the discretion of the Secretary under subsection 1, the Secretary may refuse to authorise a payment to a person if the person meets either of these conditions.

    1. They failed, without reasonable excuse, to notify the Secretary under Division 4 section 11.2.14 of proceedings mentioned in that section.

    2. They refused, or failed without reasonable excuse, to give a statutory declaration under Division 4 section 11.2.18.

      See: Division 4, Avoidance of double benefits

  3. If an amount is payable to a person who is under a legal disability, Chapter 1 Part 6 section 1.6.3 applies to the payment as if a reference to the CDF were a reference to the Secretary.

    See: Chapter 1 Part 6 section 1.6.3, Payment of amount to a person under legal disability

11.2.22 Notice of decisions

  1. The Secretary must give notice of a decision to authorise, or not to authorise, a payment of an amount of SIA or ADB in relation to a member.

  2. The notice must be given to each person who is, to the Secretary's knowledge, one of the member's dependants.

  3. The notice must have with it a statement by the Secretary of the Secretary's reasons for making the decision.

  4. The notice must include a statement to the effect that, if dissatisfied with the decision, the person may do these things.

    1. In the case of notice of a decision (other than a decision made by the Secretary under section 11.2.23 confirming or varying an earlier reviewable decision of the Secretary) – request reconsideration of the decision under section 11.2.23.

    2. In the case of notice of a decision made by the Secretary under section 11.2.23 confirming or varying an earlier reviewable decision of the Secretary – apply to the Administrative Appeals Tribunal for review of the decision so confirmed or varied.

  5. Failure to comply with subsection 4 in relation to a decision does not affect the validity of the decision.

11.2.23 Reconsideration of decisions

  1. A person who is dissatisfied with a decision of the Secretary (other than a decision made under this section) may, by notice in writing to the Secretary, request the Secretary to reconsider the decision.

  2. The notice must be given to the Secretary within either of these times.

    1. 30 days after the day the person first receives notice of the decision.

    2. Any further period that the Secretary allows.

  3. The person must set out in the notice the reasons for the request.

  4. The Secretary must reconsider the decision. The Secretary may do either of these things.

    1. Confirm the decision.

    2. Vary or revoke the decision.

11.2.24 Review by Tribunal of reconsidered decisions

An application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary to confirm or vary a decision under subsection 11.2.23.4.

Application to Reservists: Yes.



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