SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 135 Review of decisions following application under section 129

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 135

  (1)   Subject to subsection   (3) and subsection   127(1), if a person applies under section   129 for review of a decision, the Secretary, the Chief Executive Centrelink or an authorised review officer must:

  (a)   review the decision; and

  (b)   do one of the following:

  (i)   affirm the decision;

  (ii)   vary the decision;

  (iii)   set the decision aside and substitute a new decision.

  (2)   In the case of an application for review of a decision made by an officer of the Employment Department as a delegate of the Secretary, the reference in subsection   (1) to an authorised review officer is to be read as a reference to an authorised review officer who is an officer of that Department.

  (3)   An authorised review officer may not review a decision relating to the exercise of the Secretary's power under section   181 of this Act.

  (5)   If:

  (a)   a person sets aside a decision under subsection   (1); and

  (b)   the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, determine that the event is taken to have occurred for the purposes of the social security law.