106Notice of review decision to be given

#### 106 Notice of review decision to be given Notice of review decision to be given if original decision relates to determination of conditional eligibility etc. (1) If: (a) the Secretary makes a review decision under section 105 affecting an individual in respect of whom a determination of conditional eligibility for child care benefit by fee reduction is, or was, in force (the applicant); and (b) the review decision is to: (i) vary an original decision in respect of the applicant; or (ii) set aside an original decision in respect of the applicant and substitute a new decision; and (c) the review decision relates to one of the following decisions: (i) a determination decision in respect of conditional eligibility (a determination of conditional eligibility is made under section 50F); (ii) a determination decision in respect of a weekly limit of hours, unless it is a variation of the kind referred to in subsection (2) (a determination of a weekly limit of hours is made under section 50H); (iii) a determination decision in respect of CCB % (a determination of CCB % is made under section 50J); (iv) a determination decision in respect of schooling % (a determination of schooling % is made under section 50K); (v) a determination decision in respect of rate under subsection 81(2) of the Family Assistance Act; (vi) a determination decision in respect of no entitlement (a determination of no entitlement is made under section 50G); the Secretary must give notice of the review decision to: (d) the applicant; and (e) the approved child care service, or services, providing care to the child concerned. Notice of review decision to be given where original decision relates to a weekly limit of hours or rate set because child at risk (2) If: (a) the Secretary makes a review decision under section 50K affecting an individual in respect of whom a determination of conditional eligibility for child care benefit by fee reduction is, or was, in force (the applicant); and (b) the review decision is to: (i) vary an original decision in respect of the applicant; or (ii) set aside an original decision in respect of the applicant and substitute a new decision; and (c) the review decision relates to an original decision: (i) to vary a determination of a weekly limit of hours under section 64A because a circumstance listed in subsection 54(12) of the Family Assistance Act applies; or (ii) to vary a determination of a weekly limit of hours under section 64B because a circumstance listed in subsection 55(8) of the Family Assistance Act applies; or (iii) to determine a rate under subsection 81(3) of the Family Assistance Act; the Secretary must give notice of the review decision to the approved child care service providing care to the child concerned. Notice to be given of other review decisions (3) If: (a) the Secretary makes a review decision under section 50K to: (i) vary an original decision; or (ii) set aside an original decision and substitute a new decision; and (b) the review decision is in respect of any other original decision that, under section 104, may be reviewed (other than a review decision referred to in subsection (1) or (2); the Secretary must: (c) if the original decision is a decision under the family assistance law—give notice of the review decision to the person whose entitlement, or possible entitlement, to family assistance is affected by the decision; and (d) if the original decision is a decision under subsection 91A(3) of the Child Support (Assessment) Act 1989 about an agreement—give notice of the review decision to both parties to the agreement. Notice must state effect of review decision (4) A notice must state the effect of the review decision and that the applicant, or person whose entitlement or possible entitlement is affected by the decision, may apply for review of the review decision involved in the manner set out in this Part. Review decision not affected by lack of notice (5) A contravention of subsection (1), (2), (3) or (4) in relation to a review decision does not affect the validity of the decision. Notice of review decisions to be given to the SSAT or the AAT if application made for review (6) If: (a) the Secretary makes a review decision to: (i) vary an original decision; or (ii) set aside an original decision and substitute a new decision; and (b) by the time the Secretary makes that decision, a person has applied to the SSAT or the AAT for review of the original decision that was reviewed by the Secretary; the Secretary must give written notice of the Secretary’s review decision to the Executive Director of the SSAT or to the Registrar of the AAT, as the case requires. Meaning of determination decision (7) In this section: > determination decision means a decision that is a determination as originally made, or, if varied, the variation of the determination.