SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1283 Review of SSAT decision by AAT

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1283

1283. (1) If a decision has been reviewed by the Social Security Appeals
Tribunal (SSAT) and has been affirmed, varied or set aside, application may be
made to the Administrative Appeals Tribunal for a review of the decision of
the SSAT.

(2) For the purposes of subsection (1), the decision made by the SSAT is to be
taken to be:

   (a)  where the SSAT affirms a decision - the decision as affirmed; and

   (b)  where the SSAT varies a decision - the decision as varied; and

   (c)  where the SSAT sets a decision aside and substitutes a new decision -
        the new decision; and

   (d)  where the SSAT sets a decision aside and sends the matter back to the
        Secretary for reconsideration in accordance with any directions or
        recommendations of the SSAT - the directions or recommendations of the
        SSAT. Note: paragraph (d) will not apply to a
        SSAT rate of return decision - see section 1254.

(3) Subsection (1) has effect subject to section 29 of the Administrative 
Appeals Tribunal Act 1975 . Note: section 29 of the
Administrative Appeals Tribunal Act 1975 lays down the manner in which an
application to the AAT for review of a decision must be made.

(4) If:

   (a)  the Administrative Appeals Tribunal sets a decision aside; 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: the provisions of this
        Part apply to review of all SSAT decisions (including
        SSAT rate of return decisions) except as specified.