(a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision of the social security law or the Veterans’ Entitlements Act, as the case requires); and
(b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).
Entitlement to arrears—suspension for total period of up to 13 weeks
(4) If the payment has been suspended under section 124NF for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular compliance notice, the date of effect of the determination under subsection (3) is the day on which the latest suspension determination was made under section 124NF in relation to such compliance.
Note: A schooling requirement payment may be suspended more than once under section 124NF (see subsection 124NF(3)).
Entitlement to arrears—suspension for total period of 13 weeks or more
(5) If subsection (4) does not apply, the date of effect of the determination under subsection (3) is:
(a) the reconsideration day; or
(b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).
(6) For the purposes of subsection (5), the Secretary may vary a determination under subsection (3) to state an earlier date of effect, if the determination:
(a) does not include such a statement; or
(b) includes such a statement in relation to a later day.
How arrears are paid
(7) Arrears resulting from the operation of this section may be paid to the person as a lump sum payment, a series of regular payments, or otherwise, in accordance with the determination under subsection (3).
(8) The person is entitled to a payment, or payments, of arrears arising from the operation of this section at the time, or times, provided by the determination under subsection (3).
Non‑application of general provisions for date of effect
(9) Division 9 of Part 3 (date of effect of determinations) does not apply in relation to a determination under subsection (3).
Division 4—Information about schooling
124P Schooling requirements—information about schooling
(1) Despite any law (whether written or unwritten) in force in a State or Territory:
(c) any other person who is responsible for the operation of one or more schools;
may, for the purposes of this Part, give the Secretary information about the enrolment, or non‑enrolment, of children at school.
(2) Despite any law (whether written or unwritten) in force in a State or Territory:
(a) a State or Territory; or
(b) a non‑government school authority; or
(c) any other person who is responsible for the operation of one or more schools;
may, for the purposes of this Part, give the Secretary information about either or both of the following:
(d) the attendance, or non‑attendance, of children at school;
(e) a person’s compliance with a compliance notice given to the person.
Division 5—General provisions
124PA Relationship between Divisions of this Part
No Division of this Part limits any other Division of this Part.
Part 4—Internal review of decisions
Division 1—Effect of Part
124Q Application of Part to decisions under repealed laws
This Part applies as if a decision under:
(a) the 1947 Act; or
(b) the 1991 Act as in force immediately before the commencement of this Part;
were a decision under the social security law.
125 Decisions by officers under instruments
For the purposes of this Part, a decision made by an officer under an instrument (other than an instrument that is a legislative instrument) made or issued under this Act or the 1991 Act is taken to be a decision under the social security law.
Division 2—Internal review
126 Review of decisions by Secretary
(1) The Secretary may review, subject to subsection (2), a decision of an officer under the social security law if the Secretary is satisfied that there is sufficient reason to review the decision.
(2) The Secretary may review a decision:
(a) whether or not any person has applied for review of the decision; and
(b) even if an application has been made to the ART for review of the decision.
(3) The Secretary may:
(a) affirm a decision; or
(b) vary a decision; or
(c) set a decision aside and substitute a new decision.
(4) If:
(a) the Secretary sets a decision aside under subsection (3); and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, determine that the event is taken to have occurred for the purposes of the social security law.
126A Review of determination of youth allowance rate in relation to maintenance income
The Secretary must review a decision under section 126 if:
(a) the decision is a determination of the rate of youth allowance payable to a person for a period in an income year; and
(b) in making the determination, the Secretary had regard to an estimate of the amount of maintenance income for a parent of the person; and
(c) at a time after the end of the income year, the Secretary becomes satisfied that the Secretary has sufficient information to work out the annualised amount of maintenance income for the parent for the income year for the purposes of point 1067G‑GA1 of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, without regard to an estimate.
Note: Section 123AB (verification of maintenance income) applies to the review of the decision.
127 Decisions that are not reviewable by the Secretary
(1) The Secretary may not, on an application under section 129, review a decision made by the Secretary himself or herself.
(2) The Secretary may not review a decision made by the Employment Secretary declaring, under section 28 of the 1991 Act, a program of work to be an approved program of work for income support payment.
(3) The Secretary may not review a decision made personally by the Agriculture Minister or the Secretary of the Agriculture Department under or in relation to the Farm Household Support Act 2014.
(4) The Secretary may not review:
(aa) a decision to give a notice under subsection 123SE(3) or 123SIA(2); or
(aaa) a decision to give a notice under subsection 123UO(3A); or
(aab) a decision to make a payment under subsection 123UP(2); or
(a) a decision that is a reviewable decision under section 138A (decision by Commissioner about deferring or amending assessment relating to student start‑up loans); or
(b) a decision under section 138D or 138F (decision following reconsideration of a decision that is a reviewable decision under section 138A); or
(c) a decision to give a notice under subsection 1061ZVJD(1) or 1061ZVJF(1) of the 1991 Act (decision by Commissioner to notify Secretary that incorrect or cancelled tax file number has been given in relation to student start‑up loans).
128 Notice to ART Principal Registrar
If the Secretary makes a review decision under section 126 to vary or substitute a decision after a person has applied to the ART for a review in relation to the decision, the Secretary must give written notice of the Secretary’s review decision to the ART Principal Registrar.
129 Application for review
(1) Subject to subsections (3) and (4), a person affected by a decision of an officer under the social security law may apply to the Secretary for review of the decision.
(3) If:
(a) an officer makes a decision under the social security law in relation to pension bonus or essential medical equipment payment; and
(b) notice is given to the person concerned;
the person is not entitled to make an application under subsection (1) for review of the decision more than 13 weeks after the giving of the notice.
(4) A person may not apply under subsection (1) for review of:
(a) a decision made by the Secretary himself or herself; or
(c) a decision made by the Employment Secretary:
(i) under section 28 of the 1991 Act; or
(ii) approving a course of study or a labour market program; or
(iii) exempting a person from the application of a provision of the social security law; or
(d) a decision made personally by the Agriculture Minister or the Secretary of the Agriculture Department under or in relation to the Farm Household Support Act 2014; or
(da) a decision that is a reviewable decision under section 138A (decision by Commissioner about deferring or amending assessment relating to student start‑up loans); or
(db) a decision under section 138D or 138F (decision following reconsideration of a decision that is a reviewable decision under section 138A); or
(dc) a decision by the Commissioner to give a notice under subsection 1061ZVJD(1) or 1061ZVJF(1) of the 1991 Act (notifying Secretary that incorrect or cancelled tax file number has been given in relation to student start‑up loans); or
(f) a decision made by the Chief Executive Centrelink himself or herself in the exercise of a delegated power.
(5) A reference in this section to a decision of an officer under the social security law includes a reference to a determination that the Secretary is taken, by virtue of a provision of the social security law, to have made.
130 Withdrawal of application
(1) A person who has applied for review of a decision may withdraw the application at any time before the review has been completed.
(2) If an application for review of a decision is withdrawn, the application is taken never to have been made.
(3) An application may be withdrawn orally or in writing or in any other manner approved by the Secretary.
131 Secretary may continue payment pending outcome of application for review
(1) If:
(a) an adverse decision is made in relation to a social security payment; and
(aa) the adverse decision is not made under Division 3AA of Part 3 (compliance with participation payment obligations: persons other than declared program participants); and
(b) the adverse decision:
(i) depends on the exercise of a discretion, or the holding of an opinion, by a person; or
(ii) would result in the application of a compliance penalty period; and
(c) a person applies to the Secretary under section 129 for review of the adverse decision;
the Secretary may declare that the payment of the social security payment is to continue pending the determination of the review as if the adverse decision had not been made.
(3) A declaration under subsection (1) must be by notice in writing.
(4) While a declaration under subsection (1) is in force in relation to an adverse decision, the social security law (other than this Part) applies as if the adverse decision had not been made.
(5) A declaration under subsection (1) in relation to an adverse decision:
(a) takes effect on the day on which it is made or on such earlier day (if any) as is specified in the declaration; and
(b) ceases to have effect:
(i) if the application for review is withdrawn—on the day the application is withdrawn; or
(ii) if a decision (the review decision) is made by the Secretary on the review of the adverse decision—at the end of the period of 13 weeks beginning on the day the review decision is made, or on such earlier day (if any) within that 13 week period as is specified by the Secretary; or
(iii) if the declaration is revoked by the Secretary—on the day the declaration is revoked.
(5A) If:
(a) an adverse decision results in a serious failure period or an unemployment non‑payment period; and
(b) a declaration in relation to the decision ceases to have effect under subsection (5); and
(c) after the declaration ceases, the serious failure period or the unemployment non‑payment period, or the balance of that period, remains to be served;
the period or the balance of the period continues from the day the declaration ceases.
(6) A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding that opinion, whether or not the social security law expressly requires the opinion to be held before the decision concerned is made.
(7) In this section:
adverse decision, in relation to a social security payment, means:
(a) a decision to cancel or suspend the social security payment; or
(b) a decision to reduce the rate of the social security payment.
132 Guidelines for exercise of Secretary’s power to continue payment
The Minister, by legislative instrument:
(a) is to determine guidelines for the exercise of the Secretary’s power to make declarations under section 131 in relation to social security payments to persons who are subject to a compliance penalty period; and
(b) may revoke or vary those guidelines.
135 Review of decisions following application under section 129
(1) Subject to subsection (3) and subsection 127(1), if a person applies under section 129 for review of a decision, the Secretary, the Chief Executive Centrelink or an authorised review officer must:
(a) review the decision; and
(b) do one of the following:
(i) affirm the decision;
(ii) vary the decision;
(iii) set the decision aside and substitute a new decision.
(2) In the case of an application for review of a decision made by an officer of the Employment Department as a delegate of the Secretary, the reference in subsection (1) to an authorised review officer is to be read as a reference to an authorised review officer who is an officer of that Department.
(3) An authorised review officer may not review a decision relating to the exercise of the Secretary’s power under section 181 of this Act.
(5) If:
(a) a person sets aside a decision under subsection (1); and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, determine that the event is taken to have occurred for the purposes of the social security law.
136 Notice of decision on review
If a person makes a decision under subsection 135(1), the person must give the applicant written notice of the decision.
137 Certain decisions not to be revived
(1) This section has effect if:
(a) the Secretary makes a determination (the first determination) that:
(i) a social security payment is granted or is payable to a person; or
(ii) a social security payment is payable to a person at a particular rate; and
(b) the Secretary makes a determination (the second determination):
(i) cancelling the social security payment; or
(ii) reducing the rate at which the social security payment is payable; and
(c) notice of the second determination is given to the person; and
(d) the person applies under section 129 for review of the second determination; and
(e) the application is made more than 13 weeks after notice of the second determination was given; and
(f) a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and
(g) the review decision, or the effect of the review decision, is:
(i) to set aside the second determination; or
(ii) to affirm a decision setting aside the second determination.
(2) This section has effect if:
(a) the Secretary makes a determination (the first determination) that:
(i) a social security payment is granted or is payable to a person; or
(ii) a social security payment is payable to a person at a particular rate; and
(b) the Secretary makes a determination (the second determination):
(i) cancelling the social security payment; or
(ii) reducing the rate at which the social security payment is payable; and
(c) notice of the second determination is given to the person; and
(d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the decision having been made; and
(e) the decision of the Secretary on the review is to set aside the second determination; and
(f) the decision on the review is made more than 13 weeks after notice of the second determination was given.
(3) This section has effect if:
(a) the Secretary makes a determination (the first determination) that:
(i) a person’s claim for a concession card is granted; or
(ii) a person is qualified for a concession card; and
(b) the Secretary makes a determination (the second determination) cancelling the concession card; and
(c) notice of the second determination is given to the person; and
(d) the person applies under section 129 for review of the second determination; and
(e) the application is made more than 13 weeks after notice of the second determination was given; and
(f) a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and
(g) the review decision, or the effect of the review decision, is:
(i) to set aside the second determination; or
(ii) to affirm a decision setting aside the second determination.
(4) This section has effect if:
(a) the Secretary makes a determination (the first determination) that:
(i) a person’s claim for a concession card is granted; or
(ii) a person is qualified for a concession card; and
(b) the Secretary makes a determination (the second determination) cancelling the concession card; and
(c) notice of the second determination is given to the person; and
(d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the declaration having been made; and
(e) the decision of the Secretary on the review is to set aside the second determination; and
(f) the decision is made more than 13 weeks after notice of the second determination was given.