STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT 90

STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT 90

90. After section 15 of the Principal Act the following section is inserted:
Review by Administrative Appeals Tribunal

"15A. (1) Where the Director-General has, on or after 9 September 1980 in
pursuance of section 14 or 15, made a decision affirming, varying or annulling
a determination, direction, decision or approval of an officer, being a
determination, direction, decision or approval that has been reviewed by a
Social Security Appeals Tribunal, then, subject to section 29 of the
Administrative Appeals Tribunal Act 1975, an application may be made to the
Administrative Appeals Tribunal for review of the decision of the
Director-General.



"(2) Where -

   (a)  the Director-General has, on or after 9 September 1980, in pursuance
        of section 14 or 15, made a decision affirming, varying or annulling a
        determination, direction, decision or approval of an officer, being a
        determination, direction, decision or approval that has not been
        reviewed by a Social Security Appeals Tribunal; and

   (b)  the decision of the Director-General is one in respect of which the
        Director-General has, at the request of a person, certified in writing
        that an important principle of general application is involved with
        respect to entitlement to, or assessment of, a pension, allowance,
        entitlement or benefit under this Act or with respect to the operation
        of those provisions of the Health Insurance Act 1973 that relate to
        disadvantaged persons, an application may be made to the
        Administrative Appeals Tribunal for review of the decision of the
        Director-General.



"(3) A reference in sub-sections (1) and (2) to a decision of an officer shall
be read as including a reference to a decision referred to in section 5F of
the Health Insurance Act 1973.



"(4) Where, immediately before the date of commencement of this section, a
person was entitled by virtue of sub-clause 24A (3) of the Schedule to the
Administrative Appeals Tribunal Act 1975 to make an application to the
Administrative Appeals Tribunal for a review of a decision by the
Director-General, then, subject to section 29 of the Administrative Appeals 
Tribunal Act 1975 , that person may, on or after that date, apply to the
Tribunal for review of that decision.



"(5) The operation of sub-section 29 (2) of the Administrative Appeals 
Tribunal Act 1975 in relation to an application under sub-section (2) of this
section for review of a decision is modified so that the prescribed time for
the purposes of paragraph 29 (1) (d) of that Act is the period commencing on
the day on which the decision was or is made and ending on the twenty-eighth
day after -

   (a)  if the decision sets out the findings on material questions of fact
        and the reasons for the decision - the day (in this sub-section
        referred to as the 'certificate day') on which the certificate of the
        Director-General was or is furnished to the applicant; and

   (b)  if the decision does not set out those findings and reasons -

        (i)    if a statement in writing setting out those findings and
               reasons was or is furnished to the applicant otherwise than in
               pursuance of a request under sub-section 28 (1) of the
               Administrative Appeals Tribunal Act 1975 not later than the
               twenty-eighth day after the certificate day - the day on which
               the statement was or is furnished to the applicant or the
               certificate day, whichever is the later;

        (ii)   if the applicant, in accordance with sub-section 28 (1) of the
               Administrative Appeals Tribunal Act 1975 requests the person
               who made the decision to furnish a statement as mentioned in
               that sub-section - the day on which the statement was or is
               furnished, or the applicant was or is notified that the
               statement would not or will not be furnished, as the case may
               be, or the certificate day, whichever is the later; or

        (iii)  in any other case - the certificate day.".