Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Administrative Review Tribunal Act 2024 applies to an application for review of a reviewable decision by the Board under Division 3 of Part IX of this Act as if references in the following provisions of that Act to the decision - maker for the decision the subject of the application were instead references to the Commission:
(a) paragraph 21(2)(b);
(b) Subdivision B of Division 4 of Part 3;
(c) paragraph 31(2)(b);
(d) section 54;
(e) section 56;
(f) section 60;
(g) paragraph 61(1)(b);
(ga) paragraph 61(1A)(b);
(h) paragraph 65(2)(b);
(i) subsection 73(3);
(j) subsection 79(3);
(k) section 85;
(l) paragraph 105(c);
(m) subsection 108(2);
(n) paragraph 126(2)(b);
(o) paragraph 129(2)(b).
(2) For the purposes of the application of section 17 of the Administrative Review Tribunal Act 2024 to and in relation to a reviewable decision:
(a) if that decision is a decision of the Commission as varied by the Board--the Commission shall be taken to be a person whose interests are affected by that reviewable decision; and
(b) if the Board has set aside a decision of the Commission under section 19 or 31 of this Act and made another decision in substitution for the decision so set aside--the Commission shall be taken to be a person whose interests are affected by the decision of the Board to set aside the decision of the Commission and by the decision of the Board made in substitution for the decision so set aside.
(3) Section 268 of the Administrative Review Tribunal Act 2024 does not apply to or in relation to a person whose interests are affected by a reviewable decision:
(a) in the case of a decision of a kind referred to in paragraph 175(1AA)(a) or (c) or in subsection 175(2), (2A), (2D) or (4)--if the person has been served with a copy of that decision and with the statement related to that decision in accordance with section 34, 57E, 64F, 118ZX or 140 of this Act, whichever was applicable; or
(b) in the case of a decision of a kind referred to in paragraph 175(1AA)(b)--if the person has been served with copies of the decision made by the Commission and of the decision made by the Board varying that decision made by the Commission, and with the respective statements related to those decisions, in accordance with section 34 or 140 of this Act, whichever was applicable.
(4) Despite section 18 of the Administrative Review Tribunal Act 2024 , an application to the Administrative Review Tribunal for review of a decision must be made within the period of 3 months after the applicant is given a document setting out the terms of the decision.
(4A) Despite section 19 of the Administrative Review Tribunal Act 2024 , the Administrative Review Tribunal must not extend the period during which an application may be made beyond the period of 12 months after the day on which the document setting out the terms of the decision was given to the applicant.
(5) Despite subsection 22(1) of the Administrative Review Tribunal Act 2024 , the parties to a proceeding before the Administrative Review Tribunal for a review of a reviewable decision are:
(a) if the person who has applied for a review of the decision is a person other than the Commission:
(i) the person who has so applied; and
(ii) the Commission; or
(b) in any other case:
(i) the Commission; and
(ii) the veteran, or dependant of a deceased veteran, affected by that decision.
(7) Despite section 105 of the Administrative Review Tribunal Act 2024 , where the Administrative Review Tribunal sets aside a decision under subsection 31(6) to cancel or suspend, or reduce the rate of, a pension or attendant allowance, or a decision under subsection 31(8) to increase the rate of a pension or attendant allowance, being:
(a) a decision of the Commission that has been affirmed by the Board; or
(b) a decision of the Board that was made in substitution for a decision of the Commission;
the Tribunal need not make another decision in substitution for the decision so set aside.
(8) Despite section 105 of the Administrative Review Tribunal Act 2024 , where the Administrative Review Tribunal sets aside a decision:
(a) to cancel or suspend a pension under section 56E; or
(b) to reduce the rate of a pension under section 56D; or
(c) to increase the rate of a pension under section 56C;
and the decision was one that was:
(d) affirmed by the Commission under section 57B; or
(e) made by the Commission in substitution for a decision set aside under section 57B;
the Tribunal need not make another decision in substitution for the decision set aside by it.
(9) Despite section 105 of the Administrative Review Tribunal Act 2024 , where the Administrative Review Tribunal:
(a) sets aside a decision that a person ceases to be entitled to a seniors health card; and
(b) the decision was one that was:
(i) affirmed by the Commission under section 118ZU; or
(ii) made by the Commission in substitution for a decision set aside under that section;
the Tribunal need not make another decision in substitution for the decision set aside by it.
(10) Despite section 123 of the Administrative Review Tribunal Act 2024 , an application cannot be made under that section to refer a decision of the Tribunal in relation to an application for review of a reviewable decision by the Board under Division 3 of Part IX of this Act.