Part 4Rights to apply

Part 4—Rights to apply   19  Notice of right to apply  (a) a notice was made under the old law before the transition time; and  (b) the notice was given, in accordance with the old law, to a person before, on or after the transition time; and  (c) the notice includes a statement to the effect that the person is entitled to apply for review of a decision to the AAT; and  (d) the period for making the application ends after the transition time (or there is no period for making the application); and  (e) the person has not made the application. (2) The notice is taken:  (a) to include a statement to the effect that the person is entitled to apply for review of the decision to the ART; and  (b) to have been made under, and given in accordance with, the new law. 20  Applications to AAT (1) This item applies if, immediately before the transition time, a person was entitled to make an application to the AAT. (2) The person may make the application to the ART:  (a) as if the old law continued to apply in relation to the time for making the application; but  (b) otherwise—in accordance with the new law. (3) The ART must deal with the application in a manner that the ART considers is efficient and fair. (4) For the purposes of subitem (3), the ART must have regard to the impact of the following in relation to the application:  (a) the repeal of the old Act;  (b) the enactment of the new Act;  (c) the effect (including the operation) of this Act. (5) The ART must, as far as possible, deal with the application under the new law. (6) To avoid doubt, subitem (5) has effect subject to subitem (3). 21  No duplicate applications (1) This item applies if, before the transition time:  (a) a person made an application to the AAT for review of a decision (the initial decision); and  (b) the AAT made a decision on the application or dismissed the application. (2) This item also applies if:  (a) a person made an application to the AAT for review of a decision (the initial decision) before the transition time; and  (b) immediately before that time, the AAT had not made a decision on the application or dismissed the application. (3) The person is not entitled to apply to the ART for review of the initial decision. 22  AAT decisions made before transition time Requests for written reasons (1) If, immediately before the transition time, a person was entitled to request reasons in writing for a decision made by the AAT, the person may make the request to the ART. (2) The old law continues to apply in relation to the request. Notice of decision and statement of reasons (3) To avoid doubt, section 111 of the new Act does not apply in relation to a decision made by the AAT. Guidance and appeals panel (4) To avoid doubt, Part 5 (guidance and appeals panel) of the new Act does not apply in relation to a decision made by the AAT. 23  Applications to courts (1) This item applies if, immediately before the transition time, a party to a proceeding before the AAT was entitled to appeal or make an application to a court in relation to a decision in the proceeding. (2) The party may appeal or make the application to the court after the transition time:  (a) as if the old law continued to apply in relation to any time for making the appeal or application; but  (b) otherwise:  (i) in accordance with the new law; and  (ii) as if the decision had been made by the ART. (3) For the purposes of the appeal or application, anything the court could have done in relation to the AAT before the transition time may be done in relation to the ART.