Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1239

1239. (1) The Secretary may review:

   (a)  a decision of an officer under this Act other than a rate of return
        decision in relation to an investment product; or

   (b)  a decision under section 5A, 5B, 5C, 5D or 5E of the Health Insurance
        Act 1973; if satisfied that there is sufficient reason to review the
        decision.

(2) Subsection (1) does not apply to a decision made by the National Director
of the CES under section 27 (approval of vocational courses) or 28 (approval
of voluntary organisations).

(3) The Secretary may review a decision even if an application has been made
to the Social Security Appeals Tribunal or the Administrative Appeals Tribunal
for review of the decision.

(4) The Secretary may:

   (a)  affirm the decision; or

   (b)  vary the decision; or

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

(5) If:

   (a)  the Secretary makes a decision under subsection (4); and

   (b)  at the time when the Secretary makes that decision, a person has
        applied to the Social Security Appeals Tribunal for review of the
        decision that was reviewed by the Secretary; the Secretary must give
        the National Convener written notice of the Secretary's decision under
        subsection (4).

(6) If:

   (a)  the Secretary makes a decision under subsection (4); and

   (b)  at the time when the Secretary makes that decision, a person has
        applied to the Administrative Appeals Tribunal for review of the
        decision that was reviewed by the Secretary; the Secretary must give
        the Registrar of the Administrative Appeals Tribunal written notice of
        the Secretary's decision under subsection (4).

(7) If:

   (a)  the Secretary sets a decision aside under subsection (4); 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, deem the event to have
        occurred for the purposes of this Act.
Note: for "rate of return decision" see subsection 9 (1).