CTHRepealedAct
Employment Services Act 1994
161Variation of decision before review completed
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#### 161 Variation of decision before review completed
Application for review of decision as varied
(1) If a decision under this Act is varied after an application has been made to the Social Security Appeals Tribunal for review of the decision but before determination of the review, the application for review is to be treated as if it were an application for review of the decision as varied.
Application for review of substitute decision
(2) If a decision under this Act is set aside and a new decision is substituted after an application has been made to the Social Security Appeals Tribunal for review of the decision set aside but before determination of the review, the application for review is to be treated as if it were an application for review of the new decision.
Procedure where variation or substitution before determination
(3) If:
(a) a person applies to the Social Security Appeals Tribunal for review of a decision under this Act; and
(b) before determination of the review:
(i) the decision is varied; or
(ii) the decision is set aside and a new decision is substituted;
the person may either:
(c) proceed with the application for review of the decision as varied or the new decision; or
(d) withdraw the application under section 1274 of the Social Security Act 1991.