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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 103

Applications to the Administrative Review Tribunal

  (1)   Applications may be made to the Administrative Review Tribunal for review of a decision made by a reviewer under subsection   100(6).

  (1A)   An application under subsection   (1) may be made only by, or on behalf of, a person directly affected by the decision.

  (1B)   Sections   266 (decision - maker to give notice of decision and review rights) and 268 (requesting reasons for reviewable decision from decision - maker) of the Administrative Review Tribunal Act 2024 apply only in relation to a person directly affected by the decision.

  (2)   If:

  (a)   an application is made to the Administrative Review Tribunal for review of a decision made by a reviewer under subsection   100(6); and

  (b)   the decision relates to a statement of participant supports in a participant's plan; and

  (c)   before a decision on the review is made and despite subsection   31(1) of the Administrative Review Tribunal Act 2024 :

  (i)   the CEO varies the plan under subsection   47A(1) of this Act and the variation is a change to that statement; or

  (ii)   a new plan for the participant comes into effect under section   37 of this Act;

then:

  (d)   if subparagraph   (c)(i) applies--the application is also taken to be an application for review of the decision to make the variation covered by that subparagraph; or

  (e)   if subparagraph   (c)(ii) applies--the application is also taken to be an application for review of the decision to approve the statement of participant supports in the new plan.

 



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