PAID PARENTAL LEAVE ACT 2010 - SECT 211 Internal review--notice of decision on review of claimant decision

PAID PARENTAL LEAVE ACT 2010 - SECT 211

Scope

  (1)   This section applies if a person (the decision - maker ) makes a decision under subsection   203(4) or paragraph   205(1)(b) in relation to a claimant decision.

Notice

  (2)   The decision - maker must give written notice of the decision to:

  (a)   any natural person (other than an employer) if the decision - maker is satisfied that his or her interests are affected by the decision; and

  (b)   for a decision under paragraph   205(1)(b) in response to an application--the applicant.

  (3)   If the decision relates to a child, the decision - maker must also give written notice of the decision to:

  (a)   any natural person who has made a claim in relation to the child; and

  (b)   any natural person who has notified the Secretary that he or she intends to make a claim in relation to the child, if the decision - maker is satisfied that the claim has or would have a reasonable prospect of success.

  (4)   A notice under subsection   (2) or (3) given to a person in relation to a decision must include a statement to the effect that the person may, subject to this Act and the AAT Act, apply to the AAT for review of the decision.

  (5)   Subsection   (4) does not apply in relation to a decision referred to in subsection   215(2).

Note:   Subsection   215(2) excludes certain claimant decisions from AAT review.

  (6)   A notice under subsection   (2) or (3) given to a particular person in relation to a decision may also, if the decision - maker considers it appropriate, include a statement that does one or more of the following, in whole or in part:

  (a)   sets out the reasons for the decision;

  (b)   sets out the findings by the decision - maker on material questions of fact;

  (c)   refers to the evidence or other material on which those findings were based.