Commonwealth Consolidated Acts

BUSINESS SERVICES WAGE ASSESSMENT TOOL PAYMENT SCHEME ACT 2015 - SECT 20

  (1)   If:

  (a)   a determination is made under paragraph   17 (2)(b) that an applicant is not eligible for the BSWAT payment scheme; or

  (b )   a determination is made under subsection   17 (3) that the payment am ount for an applicant is nil; or

  (c)   a determination referred to in paragraph   ( a) or (b) is affirmed under subsection   24 (6) or 28 (1);

the Secretary must, by written notice to the applicant, refuse the application.

  (2)   The refusal must do the following:

  (a)   specify the date of the refusal;

  (b)   include the determination under section   17 and explain the reasons for the determination;

  (c)   if the determination under section   17 has been affirmed under subsection   24 (6) or 28 (1)--include the affirmation and the reasons for the affirmation;

  (d )   unless subsection   ( 3) applies-- inform the applicant that the applicant may, within the 21 day period starting on the date of the refusal, apply for a review of the determination and explain how to make that application and, broadly, what the review would involve;

  (e )   unless subsection   ( 3) applies-- inform the applicant that the applicant may request an extension of the 21 day period referred to in paragraph   ( d ) and explain how to make that request.

  (3)   T he refusal must not inform t he applicant as required by paragraphs   ( 2)(d) and (e ) if the refusal includes a determination made by an external reviewer:

  (a)   that the applicant is not eligible for the BSWAT payment scheme; or

  (b)   affirming a determination made by the Secretary.

  (4)   Subsection   ( 2) does not limit the matters that may be dealt with by the refusal.