111Application for ART review

#### 111 Application for ART review (1) If the decision reviewer has affirmed, varied or set aside a decision under Subdivision B of Division 1, application may be made to the ART for review (ART review) of the decision as affirmed or varied or, if it has been set aside and another decision substituted, the decision so substituted. (1A) If a decision has been made by: (a) the Secretary personally; or (b) another agency head himself or herself in the exercise of a delegated power; or (c) the Chief Executive Centrelink in the exercise of a delegated power; or (d) the Chief Executive Medicare in the exercise of a delegated power; application may be made to the ART for review (also ART review) of the decision. (2) However, a person cannot apply for review under subsection (1) or (1A) in respect of any of the following decisions: (a) a decision about the form or manner in which an application or claim is to be made or a notice given; (b) a decision about the kind of information or documents required to be given in or to accompany an application, claim or notice; (c) a decision under section 109G or 113 (continuation of payment etc. pending review of adverse decision); (d) a decision under Division 1 of Part 6 or section 203AA or 203A (Secretary requiring or requesting information from person); (da) a decision under section 67FE, 67FG, 67FH or 67FI (Secretary requesting information in relation to CCS or ACCS) or subsection 204A(6) (Secretary requesting further information about a child care service stopping operations); (e) a decision relating to the Secretary’s power under section 137 or 141 to settle proceedings before the ART; (f) a child care provider decision; (g) a decision under section 203C (engaging expert for independent audit); (h) a decision under section 204D (information about number of child care places). (2A) A child care decision about an individual’s entitlement to be paid CCS for a week, to the extent the child care decision is based on: (a) the individual’s adjusted taxable income for the income year (the relevant income year) in which the CCS fortnight that includes the week starts; or (b) the individual’s subsidised hours for the CCS fortnight that includes the week; is not to be reviewed on ART review unless the individual has met the CCS reconciliation conditions for the relevant income year. (3) In this section: > decision reviewer means a person who, in accordance with subsection 109A(2), reviewed a decision that was the subject of an application under section 109A.