SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1243 Secretary's powers where application for review

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1243

1243. (1) If an application for review of a decision is made under
subsection 1240 (1) the Secretary or an authorised review officer must:

   (a)  affirm the decision; or

   (b)  vary the decision; or

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

(2) If a person makes a decision under subsection (1), the person must give
the applicant written notice of the decision.
Note: meaning of "given" - sections 28A and 29 of the Acts Interpretation Act 
1901 provide that a notice is given:

   (a)  to a natural person if the notice is:
. delivered personally; or
. left at the last known address of the person; or
  . sent by prepaid post to the last known address of the person; and   (b) to
a body corporate if the notice is left at, or sent by prepaid post to, the
head office or a registered office or a principal office of the body
corporate.

(3) If:

   (a)  a person makes a decision under subsection (1); and

   (b)  at the time when the person makes the decision under subsection (1),
        an application has been made to the Social Security Appeals Tribunal
        for review of the decision that was reviewed by the person; the person
        must give the National Convener written notice of the person's
        decision under subsection (1).

(4) If:

   (a)  a person makes a decision under subsection (1); and

   (b)  at the time when the person makes the decision under subsection (1),
        an application has been made to the Administrative Appeals Tribunal
        for review of the decision that was reviewed by the person; the person
        must give the Registrar of the Tribunal written notice of the person's
        decision under subsection (1).

(5) If:

   (a)  a person sets a decision aside 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, deem the event to have
        occurred for the purposes of this Act.