Commonwealth Consolidated Acts

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PAID PARENTAL LEAVE ACT 2010 - SECT 241

Operation and implementation of the AAT decision on AAT second review

             (1)  The AAT Act applies to the application as if the reference in subsection 41(2) of the AAT Act to the decision to which the relevant proceeding relates were a reference to:

                     (a)  if, on AAT first review, the AAT affirmed the original decision--the original decision; and

                     (b)  otherwise--both the original decision and whichever of the following is applicable in relation to the AAT first review:

                              (i)  the original decision as varied by the AAT;

                             (ii)  the decision substituted by the AAT;

                            (iii)  the decision made as a result of reconsideration by the Secretary in accordance with any directions or recommendations of the AAT.

             (2)  For the purposes of subsection (1), the original decision is the decision that was the subject of the AAT first review.

             (3)  The AAT Act applies to the application as if references in subsections 41(4) and (5) of the AAT Act to the person who made the decision to which the relevant proceeding relates were references to each party to the relevant AAT first review.



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