AGED CARE ACT 1997 - SECT 85.4 Reconsidering reviewable decisions
AGED CARE ACT 1997 - SECT 85.4
Reconsidering reviewable decisions(1) The Secretary may reconsider a * reviewable decision (other than a reviewable decision under Division 35 or section 52G - 4) if the Secretary is satisfied that there is sufficient reason to reconsider the decision.
(1A) The * Pricing Authority may reconsider a * reviewable decision under Division 35 or section 52G - 4 if the Pricing Authority is satisfied that there is sufficient reason to reconsider the decision.
(3) The Secretary or the * Pricing Authority may reconsider a decision even if:
(a) an application for reconsideration of the decision has been made under section 85 - 5; or
(b) if the decision has been confirmed, varied or set aside under section 85 - 5--an application has been made under section 85 - 8 for review of the decision.
(3A) In reconsidering a decision made under subsection 29C - 2(1), 29D - 1(1) or 29E - 1(1):
(a) the level of care needed by the relevant care recipient, relative to the needs of other care recipients, must be assessed under section 29C - 3; and
(b) the Secretary must take that assessment into account before making a decision under subsection (4) of this section.
(3B) If the relevant care recipient cannot be assessed for the purposes of the reconsideration, the Secretary must not make a decision under subsection (4).
(4) After reconsidering the decision, the Secretary or the * Pricing Authority must, subject to subsection (3B):
(c) set the decision aside and substitute a new decision.
(5) The decision of the Secretary or the * Pricing Authority (the decision on review ) to confirm, vary or set aside the decision takes effect:
(a) on the day specified in the decision on review; or
(b) if a day is not specified--on the day on which the decision on review was made.
(6) The Secretary or the * Pricing Authority must give written notice of the decision on review to the person to whom that decision relates.
Note: Section 27A of the
Administrative Appeals Tribunal Act 1975 requires the person to be notified of
the person's review rights.