Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1991 No. 130, 1991 - SECT 55

55. After section 153AAA of the Principal Act the following Part is inserted:
           "PART XA - REVIEW OF DECISIONS MADE BY THE BOARD


"Division 1 - Preliminary Interpretation

"153AA. (1) In this Part, unless the contrary intention appears: `Committee'
means a Reconsideration Advisory Committee established under section 153AB;
`decision' means:

   (a)  the giving by the Board of a direction under subsection 7 (2) or the
        refusal by the Board to give such a direction; or

   (b)  the giving by the Board of a direction under subsection 51 (1) or the
        refusal by the Board to give such a direction; or

   (c)  the giving by the Board of a certificate under subsection 54C (1) or
        the refusal by the Board to give such a certificate; or

   (d)  a decision made by the Board relating to the retirement of an eligible
        employee as provided by Part IVA including a decision relating to the
        making of pre-assessment payments; or

   (e)  the making by the Board of a declaration under subsection 133 (1) or
        the refusal by the Board to make such a declaration; or

   (f)  the making by the Board of a declaration under subsection 134 (1) or
        the refusal by the Board to make such a declaration; or

   (g)  the giving by the Board of a direction under subsection 139A (1A) or
        the refusal by the Board to give such a direction; or

   (h)  the making by the Board of a declaration under subsection 145 (11) or
        the refusal by the Board to make such a declaration; or

   (i)  a decision of the Board under section 153al.

"(2) Despite subsection 16 (2), 46 (2), 47 (2), 50 (2) or 53 (2) of the
Superannuation Legislation Amendment Act 1991, the doing of anything, or the
refusal to do anything, by the Minister under subsection 51 (1), 133 (1), 134
(1), 139A (1A) or 145 (11) is not a decision for the purposes of this Part.
             "Division 2 - Reconsideration Advisory Committees
Establishment

"153AB. The Board must establish such number of Reconsideration Advisory
Committees as the Board considers necessary. Membership of Committee

"153AC. (1) A Committee comprises such number of persons as the Board
determines.

"(2) The qualifications of each member are such as the Board determines.
Functions of Committee

"153AD. (1) The functions of a Committee are:

   (a)  to review any decision referred to it under this Part; and

   (b)  to make recommendations to the Board in relation to the decision.

"(2) When reviewing a decision, a Committee:

   (a)  must take into account any evidence relevant to the decision that is
        submitted to it; and

   (b)  may also take steps to obtain any other evidence that it considers
        necessary for a proper review of the decision. Proceedings of
        Committee

"153AE. Subject to any directions given by the Board, a Committee may regulate
its proceedings as the Committee thinks fit. Indemnification of members of
Reconsideration Advisory Committees

"153AF. Any matter or thing done, or omitted to be done, in good faith by a
member of a Committee in the performance of functions under this Part does not
subject him or her to any action, liability, claim or demand. Remuneration and
allowances

"153AG. (1) A member of a Committee is to be paid such remuneration as is
determined by the Remuneration Tribunal, but if no determination of that
remuneration by the Tribunal is in operation, is to be paid such remuneration
as is prescribed.

"(2) A member of a Committee is to be paid such allowances (if any) as are
prescribed.

"(3) This section has effect subject to the Remuneration Tribunal Act 1973.

"Division 3 - Reconsideration of decision made by delegate Application to
Board

"153AH. (1) A person affected by a decision made by a delegate of the Board
may apply to the Board for reconsideration of the decision.

"(2) An application may be:

   (a)  in writing addressed to the Board and setting out the particulars of
        the decision that the person wishes to be reconsidered; or

   (b)  in any other form that is acceptable to the Board.

"(3) An application made to the Board before the commencement of this section
for the reconsideration of a decision made by a delegate of the Board under
subsection 7 (2) is taken to have been duly made under this section.
Decisions to be referred to panel in certain circumstances   "153AJ. (1) Where
the decision of the delegate was made after taking into consideration
recommendations made by the members of a panel under subsection 54F (4), the
Board must refer the decision to a panel consisting of such number of persons
as the Board appoints to assist it in its reconsideration of the decision of
the delegate.

"(2) The members of the panel must be persons of a kind mentioned in
subsection 54F (2).

"(3) Subsections 54F (3) and (4) apply where the Board refers a decision under
subsection (1) as if:

   (a)  the application for a reconsideration were a request for the approval
        of the retirement of the person to whom the delegate's decision
        relates; and

   (b)  the period within which the members of the panel are required to make
        recommendations in writing to the Board under subsection 54F (4) were
        such period as is specified by the Board. Decision to be referred to
        Committee

"153AK. (1) Subject to subsection (2), the Board must refer the decision to
which an application relates to a Committee.

"(2) Where, under subsection 153AJ (1), the Board is required to refer the
decision to a panel of persons, the Board, after receiving the recommendations
of the members of the panel, must refer the decision to a Committee together
with a copy of those recommendations.

"(3) The Board may also, on its own motion, refer a decision of a delegate to
a Committee. Determination by Board

"153AL. (1) After taking into account, in relation to a decision referred to a
Committee:

   (a)  the recommendations of the Committee; and

   (b)  any principles formulated by the Minister that were relevant to the
        decision; and

   (c)  any other matter that the Board considers relevant; the Board must, by
        instrument setting out the reasons for so doing, affirm or vary the
        decision or set it aside and substitute another decision for it.

"(2) The Board must make available a copy of an instrument mentioned in
subsection (1) to the applicant.

"Division 4 - Reconsideration of decision made by Board Application to Board

"153AM. (1) A person affected by a decision made by the Board may apply to the
Board for a reconsideration of that decision.

"(2) An application must:

   (a)  be in writing addressed to the Board; and

   (b)  set out the particulars of the decision that the person wishes to be
        reconsidered; and

   (c)  specify the grounds for reconsideration of those particulars.

"(3) An application made to the Board before the commencement of this section
for the reconsideration of a decision made by the Board under subsection 7 (2)
is taken to have been duly made under this section. Payment of fees

"153AN. (1) Such fees as are prescribed are payable to the Board by a person
who makes an application under section 153am.

"(2) Any fees received by the Board under subsection (1) are to be paid into
the Consolidated Revenue Fund.

"(3) The regulations may make provision in relation to the refund of any fees
paid under subsection (1).
Decision to be reconsidered only on basis of new evidence   "153AP. (1) A
decision is to be reconsidered only if there is evidence relevant to the
decision that was not previously taken into account by the Board in making the
decision.

"(2) If an application is not supported by evidence in accordance with
subsection (1), the Board must dismiss the application.

"(3) The dismissal of an application in respect of a decision does not
preclude the applicant from subsequently submitting another application in
respect of the decision.
Decision to be referred to panel in certain circumstances   "153AQ. (1) Where
a decision of the Board that is to be reconsidered was made after taking into
consideration recommendations made by the members of a panel under subsection
54F (4), the Board must refer the decision to a panel consisting of such
number of persons as the Board appoints to assist it in its reconsideration of
the decision.

"(2) The members of the panel must be persons of a kind mentioned in
subsection 54F (2).

"(3) Subsections 54F (3) and (4) apply where the Board refers a decision under
subsection (1) as if:

   (a)  the application for a reconsideration were a request for the approval
        of the retirement of the person to whom the decision relates; and

   (b)  the period within which the members of the panel are required to make
        recommendations in writing to the Board under subsection 54F (4) were
        such period as is specified by the Board. Decision to be referred to
        Committee

"153AR. (1) Subject to subsection (2), if the Board does not under section
153ap dismiss an application made under section 153AM, the Board must refer
the decision to which the application relates to a Committee.

"(2) Where, under subsection 153AQ (1), the Board is required to refer the
decision to a panel of persons, the Board, after receiving the recommendations
of the members of the panel, must refer the decision to a Committee together
with a copy of those recommendations.

"(3) The Board may also, on its own motion, refer any of its decisions to a
Committee. Determination by Board

"153AS. (1) After taking into account, in relation to a decision referred to a
Committee:

   (a)  the recommendations of the Committee; and

   (b)  any principles formulated by the Minister that were relevant to the
        decision; and

   (c)  any other matter that the Board considers relevant; the Board must, by
        instrument setting out the reasons for so doing, affirm or vary the
        decision or set it aside and substitute another decision for it.

"(2) The Board must make available a copy of an instrument mentioned in
subsection (1) to the applicant.".