138BLegal or financial assistance

138B  Legal or financial assistance  (a) a person who proposes to apply to the ART for ART child care provider review; or  (b) a person who applies to the ART for ART child care provider review, unless the proceeding in relation to the application is a guidance and appeals panel proceeding.  (2) Subsection 294(3) (legal or financial assistance for other parties) of the ART Act does not apply in relation to a proceeding for ART child care provider review unless the proceeding is a guidance and appeals panel proceeding.  (3) Subsection 294(4) (legal or financial assistance for court proceedings) of the ART Act does not apply in relation to a matter that relates to a proceeding for ART child care provider review unless the proceeding is a guidance and appeals panel proceeding. 48  Subsection 139(2)  (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:  (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. 49  Paragraph 140(a)  (a) on ART child care provider review of a decision, the ART sets the decision aside under section 105 of the ART Act; and 50  After paragraph 152D(1)(a)  (aa) the application for review of the original decision is not a guidance and appeals panel application; and 51  Paragraph 152D(1)(c) 52  Subsection 152D(3) 52A  After subsection 161(1A)  (1B) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the publication does not identify:  (a) a party to the review concerned (other than the Secretary or the Child Support Registrar); or  (b) a person (other than the Secretary or the Child Support Registrar) who is related to, or associated with, a party to the review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates; or  (1C) Without limiting subsection (1B), a publication of reasons for a decision of the ART is taken to identify a person if it contains any particulars of:  (b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or  (d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or  (e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires. 53  Paragraph 65(1)(e) Omit “subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal”, substitute “subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal”. 54  Subsection 65(3) Omit “Subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal”, substitute “Subject to the Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal”. 55  Subsection 5(1)  (b) definition of AAT Act. 56  Subsection 5(1) 57  Subsection 4(1) 58  Subsection 4(1) ART review has the meaning given by section 89. 59  Subsection 4(1) (paragraph (a) of the definition of final) 60  Subsection 4(1) guidance and appeals panel application has the same meaning as in the ART Act. second review has the same meaning as in the ART Act. 61  Subsection 72T(2) (definition of decision) 62  Section 79D Omit “the AAT for review of the decision (an “AAT first review”)”, substitute “the ART for review of the decision (an “ART review”)”. 63  Section 87A Omit “reviewable by the AAT. A person may apply to the AAT for review of such a decision (an “AAT first review”)”, substitute “reviewable by the ART. A person may apply to the ART for review of such a decision (an “ART review”)”. 64  Section 87A (paragraph beginning “The person may”) If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review. In other circumstances, application may be made for review (a “second review”) of the decision by the ART on ART review, or as the original decision‑maker. Applications for second review are made under the ART Act. 65  Section 87A (paragraph beginning “The rules”) 66  Section 87A (paragraph beginning “The AAT Act”) Subject to the modifications in this Part, the ART Act allows a person to appeal to a court on a question of law from a decision of the ART. 67  Section 89 Before “An”, insert “(1)”. 68  Section 89 69  At the end of section 89 Add:  (2) If a guidance and appeals panel application is taken to have been made because the ART’s decision on ART review is referred to the guidance and appeals panel, review of the decision to which that application relates is also an ART review. 70  Subsection 90(1) (note) Note: Section 18 of the ART Act generally requires an application for review of a decision to be made within the period prescribed by rules made under that Act. 71  At the end of section 90 Add:  (3) Subsection (2) does not apply in relation to an application for ART review that is a guidance and appeals panel application. 72  At the end of section 91 Add:  (4) This section does not apply in relation to an application for ART review that is a guidance and appeals panel application. 73  Subsection 92(4)  (4) If the ART refuses the extension application, the notice under subsection (3) must include, or be accompanied by, a statement to the effect that:  (a) subject to this Act and the ART Act, the person may apply to the ART for second review of the decision; and  (b) the person may, under section 268 of the ART Act, request a statement of reasons for the decision. 74  Before section 95A 94  Decision‑maker taken to have elected not to participate in ART review proceeding   For the purposes of ART review of a decision, the decision‑maker for the decision is taken to have given the ART an election notice (within the meaning of the ART Act) in relation to a kind of proceeding that is a proceeding for ART review of the decision. 75  Section 95A