355AApplications cannot be made to the Tribunal guidance and appeals panel
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355A Applications cannot be made to the Tribunal guidance and appeals panel
Despite section 123 of the Administrative Review Tribunal Act 2024, an application cannot be made under that section to refer a decision of the Tribunal in relation to an application for review of a reviewable determination by the Board under Part 4 of this Act.
15 Subsection 357(7)
Omit “the Registrar or an officer”, substitute “the Principal Registrar (within the meaning of the Administrative Review Tribunal Act 2024) or an authorised person (within the meaning of that Act)”.
16 Subsection 64(3)
Omit “section 27 of the Administrative Appeals Tribunal Act 1975, a person may not make an application to the Administrative Appeals Tribunal”, substitute “section 17 of the Administrative Review Tribunal Act 2024, a person may not make an application to the Administrative Review Tribunal”.
17 Subsection 65(3)
Omit “Section 18C”, substitute “Section 57”.
18 Subsection 65(4)
(4) Despite section 18 of the Act, an application to the Administrative Review Tribunal for review of a decision must be made within 60 days after the claimant is served a notice under section 63 of this Act in relation to the decision.
19 Subsection 67(13)
Omit “the Registrar or an officer”, substitute “the Principal Registrar (within the meaning of the Administrative Review Tribunal Act 2024) or an authorised person (within the meaning of that Act)”.
20 Subsection 67(14)
(14) For the purposes of section 115 of the Administrative Review Tribunal Act 2024, the Commonwealth is taken to be a party to the proceeding before the Administrative Review Tribunal.
21 Section 36 (note)
Omit “Section 27A of the Administrative Appeals Tribunal Act 1975”, substitute “Section 266 of the Administrative Review Tribunal Act 2024”.
22 Section 35J (note)
Note: This provision also applies to a decision of the Administrative Review Tribunal that a person has rendered qualifying service. This is because subsection 108(2) of the Administrative Review Tribunal Act 2024 provides that the Tribunal’s decision is taken to be the decision of the original decision‑maker (in this case, the Commission).
23 At the end of section 115B
Add:
Timing of applications for review to the Administrative Review Tribunal
(12) The Veterans’ Vocational Rehabilitation Scheme may modify the operation of sections 18 and 19 of the Administrative Review Tribunal Act 2024 as it applies in relation to a decision made under the Veterans’ Vocational Rehabilitation Scheme.
24 Subsection 155A(2)
Section 355A - Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 - Applications cannot be made to the Tribunal guidance and appeals panel | Zoe
Omit all the words after “subject to the”, substitute “Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision and also include a statement to the effect that the person may request a statement under section 268 of that Act”.
25 Subsection 175(2E)
(2E) A person’s right to apply to the Administrative Review Tribunal under any of subsections (1A) to (2D) is subject to section 34 of the Administrative Review Tribunal Act 2024.
Note: Section 34 of the Administrative Review Tribunal Act 2024 deals with how to apply for review.
26 Subsection 175(4)
Omit “section 29 of the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal”, substitute “section 34 of the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal”.
27 Subsection 175(5)
Omit “section 29 of the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal”, substitute “section 34 of the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal”.
28 Subsection 176(1)
(1) The Administrative Review Tribunal Act 2024 applies to an application for review of a reviewable decision by the Board under Division 3 of Part IX of this Act as if references in the following provisions of that Act to the decision‑maker for the decision the subject of the application were instead references to the Commission:
(a) paragraph 21(2)(b);
(b) Subdivision B of Division 4 of Part 3;
(c) paragraph 31(2)(b);
(d) section 54;
(e) section 56;
(f) section 60;
(g) paragraph 61(1)(b);
(ga) paragraph 61(1A)(b);
(h) paragraph 65(2)(b);
(i) subsection 73(3);
(j) subsection 79(3);
(k) section 85;
(l) paragraph 105(c);
(m) subsection 108(2);
(n) paragraph 126(2)(b);
(o) paragraph 129(2)(b).
29 Subsection 176(2)
Omit “section 27 of the Administrative Appeals Tribunal Act 1975”, substitute “section 17 of the Administrative Review Tribunal Act 2024”.
30 Subsection 176(3)
Omit “Section 28 of the Administrative Appeals Tribunal Act 1975”, substitute “Section 268 of the Administrative Review Tribunal Act 2024”.
31 Subsection 176(4)
(4) Despite section 18 of the Administrative Review Tribunal Act 2024, an application to the Administrative Review Tribunal for review of a decision must be made within the period of 3 months after the applicant is given a document setting out the terms of the decision.
(4A) Despite section 19 of the Administrative Review Tribunal Act 2024, the Administrative Review Tribunal must not extend the period during which an application may be made beyond the period of 12 months after the day on which the document setting out the terms of the decision was given to the applicant.
32 Subsections 176(5) and (6)
(5) Despite subsection 22(1) of the Administrative Review Tribunal Act 2024, the parties to a proceeding before the Administrative Review Tribunal for a review of a reviewable decision are:
(a) if the person who has applied for a review of the decision is a person other than the Commission:
(i) the person who has so applied; and
(ii) the Commission; or
(b) in any other case:
(i) the Commission; and
(ii) the veteran, or dependant of a deceased veteran, affected by that decision.
33 Subsection 176(7)
Omit “Notwithstanding subsection 43(1) of the Administrative Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal”, substitute “Despite section 105 of the Administrative Review Tribunal Act 2024, where the Administrative Review Tribunal”.
34 Subsection 176(8)
Omit “Notwithstanding subsection 43(1) of the Administrative Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal”, substitute “Despite section 105 of the Administrative Review Tribunal Act 2024, where the Administrative Review Tribunal”.
35 Subsection 176(9)
Omit “Despite subsection 43(1) of the Administrative Appeals Tribunal Act 1975, if the Administrative Appeals Tribunal”, substitute “Despite section 105 of the Administrative Review Tribunal Act 2024, where the Administrative Review Tribunal”.
36 At the end of section 176
Add:
(10) Despite section 123 of the Administrative Review Tribunal Act 2024, an application cannot be made under that section to refer a decision of the Tribunal in relation to an application for review of a reviewable decision by the Board under Division 3 of Part IX of this Act.
37 Subsection 177(1)
Omit “any of the provisions of section 43 of the Administrative Appeals Tribunal Act 1975 in their application to proceedings for a review by the Administrative Appeals Tribunal”, substitute “section 107 of the Administrative Review Tribunal Act 2024 in its application to proceedings for a review by the Administrative Review Tribunal”.
38 Section 216
Before “The Governor‑General”, insert “(1)”.
39 At the end of section 216
Add:
(2) The regulations may modify the operation of section 18 of the Administrative Review Tribunal Act 2024 (when to apply—general rule) as it applies in relation to a decision made under the regulations.
40 Amendments of listed provisions
Division 2 of Part 4 (heading) Administrative Appeals Tribunal Administrative Review Tribunal