11.2.22 Payment of SIA or ADB
11.2.23 Notice of
decisions
11.2.24 Reconsideration
of decisions
11.2.25 Review by
Tribunal of reconsidered decisions
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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. |
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2. |
Without limiting the discretion of the Secretary under subclause 1, the Secretary may refuse to authorise a payment to a person if the person meets either of these conditions. |
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a. |
They failed, without reasonable excuse, to notify the Secretary under Division 4 clause 11.2.15 of proceedings mentioned in that clause. |
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b. |
They refused, or failed without reasonable excuse, to give a statutory declaration under Division 4 clause 11.2.19. |
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3. |
If an amount is payable to a person who is under a legal disability, Chapter 1 Part 6 clause 1.6.3 applies to the payment as if a reference to the CDF were a reference to the Secretary. |
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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. |
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2. |
The notice must be given to each person who is, to the Secretary’s knowledge, one of the member’s dependants. |
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3. |
The notice must have with it a statement by the Secretary of the Secretary’s reasons for making the decision. |
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4. |
The notice must include a statement to the effect that, if dissatisfied with the decision, the person may do these things. |
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a. |
In the case of notice of a decision (other than a decision made by the Secretary under clause 11.2.24 confirming or varying an earlier reviewable decision of the Secretary) – request reconsideration of the decision under clause 11.2.24. |
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b. |
In the case of notice of a decision made by the Secretary under clause 11.2.24 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. |
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5. |
Failure to comply with subclause 4 in relation to a decision does not affect the validity of the decision. |
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1. |
A person who is dissatisfied with a decision of the Secretary (other than a decision made under this clause) may, by notice in writing to the Secretary, request the Secretary to reconsider the decision. |
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2. |
The notice must be given to the Secretary within either of these times. |
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a. |
30 days after the day the person first receives notice of the decision. |
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b. |
Any further period that the Secretary allows. |
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3. |
The person must set out in the notice the reasons for the request. |
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4. |
The Secretary must reconsider the decision. The Secretary may do either of these things. |
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a. |
Confirm the decision. |
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b. |
Vary or revoke the decision. |
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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 subclause 11.2.24.4. |