PAID PARENTAL LEAVE ACT 2010 - SECT 235 Notification of decisions and reasons for AAT first review

PAID PARENTAL LEAVE ACT 2010 - SECT 235

  (1)   If, on AAT first review of a decision, the AAT makes a decision under subsection   43(1) of the AAT Act to affirm the decision under review, the AAT must, within 14 days of making its decision:

  (a)   give a written notice to the parties that sets out the decision; and

  (b)   either:

  (i)   give reasons for the decision orally to the parties and explain that they may request a written statement of reasons; or

  (ii)   give the parties a written statement of reasons for the decision.

  (2)   If, on AAT first review of a decision, the AAT makes a decision under subsection   43(1) of the AAT Act that is other than to affirm the decision under review, the AAT must, within 14 days of making its decision:

  (a)   give a written notice to the parties that sets out the decision; and

  (b)   give the parties a written statement of reasons for the decision.

  (3)   A failure to comply with subsection   (1) or (2) does not affect the validity of the decision.

  (4)   A party to whom oral reasons are given may, within 14 days after the oral reasons are given, request a written statement of reasons for the decision. If the party does so, the AAT must give the party the statement requested within 14 days after receiving the request.

  (5)   Subsections   43(2) and (2A) of the AAT Act do not apply in relation to an AAT first review. However, any written statement of reasons given must comply with subsection   43(2B) of that Act.

Note:   Subsections   43(2), (2A) and (2B) of the AAT Act are about the AAT giving reasons for its decisions.