109AReview of certain decisions may be initiated by applicant

#### 109A Review of certain decisions may be initiated by applicant (1) A person affected by a decision (the original decision): (a) that is not a care percentage decision; and (b) that is not a decision under Part 8 (approval of providers of child care services); and (c) that, under section 108, must be reviewed under this section; may apply to the Secretary for review of the original decision. (1A) A person affected by a decision (the original decision): (a) that is a care percentage decision; and (b) that, under section 108, must be reviewed under this section; may apply to the Secretary, or the Child Support Registrar, for review of the original decision. (1B) If a decision (the original decision): (a) is made under Part 8 (approval of providers of child care services) in relation to a provider; and (b) under section 108, must be reviewed under this section; the provider may apply to the Secretary for review of the original decision. (2) If the person makes an application under subsection (1), (1A) or (1B), the Secretary must either: (a) review the original decision and decide (the review decision) to: (i) affirm it; or (ii) vary it; or (iii) set it aside and substitute a new decision; or (b) arrange for an authorised review officer (see section 109C) to do so. (2A) If: (a) the review involves (wholly or partly) a review of an original decision that is a care percentage decision; and (b) a consideration of an objection to a decision carried out under Part VII of the Child Support (Registration and Collection) Act 1988 has involved (wholly or partly) the consideration of the determination to which the care percentage decision relates; the Secretary must not vary the original decision, or set the original decision aside and substitute a new decision, in a way that has the effect of varying the determination or substituting a new determination. (3) If: (a) the person who reviews the decision (the decision reviewer) makes a review decision to set aside an original decision; and (b) the decision reviewer is satisfied that an event that did not occur would have occurred if the original decision had not been made; the decision reviewer may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of the family assistance law. (4) If: (a) a person who may apply to the Secretary or Child Support Registrar for review of a decision under subsection (1), (1A) or (1B) has not done so; and (b) the person applies to the ART for review of the decision (despite not being entitled to do so); the person is taken to have applied to the Secretary or Child Support Registrar for review of the decision under that subsection on the day on which the person applied to the ART.