Part Part 4 - Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 - Rights to apply

Part 4Rights to apply

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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;

(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