139Variation of decision after application is made for ART child care provider review

#### 139 Variation of decision after application is made for ART child care provider review (1) If an officer varies or substitutes a decision after an application has been made to the ART for ART child care provider review of the decision, the application is taken to be an application for ART child care provider review of the decision as varied or substituted. (2) Subsection (1) does not apply if the application is a guidance and appeals panel application. (3) If: (a) a person makes an application (the referral application) under section 123 of the ART Act to refer the ART’s decision on ART child care provider review to the guidance and appeals panel; and (b) the person is taken to have made a guidance and appeals panel application because the ART’s decision is referred to the guidance and appeals panel; and (c) an officer varies or substitutes the decision (the reviewable decision) to which the guidance and appeals panel application relates: (i) after the referral application is made; and (ii) before the ART is constituted for the purposes of the proceeding in relation to the guidance and appeals panel application; the guidance and appeals panel application is taken to be a guidance and appeals panel application in relation to the reviewable decision as varied or substituted by the officer.