Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the decision reviewer has affirmed, varied or set aside a decision under Subdivision B of Division 1, application may be made to the ART for review ( ART review ) of the decision as affirmed or varied or, if it has been set aside and another decision substituted, the decision so substituted.
(1A) If a decision has been made by:
(a) the Secretary personally; or
(b) another agency head himself or herself in the exercise of a delegated power; or
(c) the Chief Executive Centrelink in the exercise of a delegated power; or
(d) the Chief Executive Medicare in the exercise of a delegated power;
application may be made to the ART for review (also ART review ) of the decision.
(2) However, a person cannot apply for review under subsection (1) or (1A) in respect of any of the following decisions:
(a) a decision about the form or manner in which an application or claim is to be made or a notice given;
(b) a decision about the kind of information or documents required to be given in or to accompany an application, claim or notice;
(c) a decision under section 109G or 113 (continuation of payment etc. pending review of adverse decision);
(d) a decision under Division 1 of Part 6 or section 203A (Secretary requiring or requesting information from person);
(da) a decision under section 67FE, 67FG, 67FH or 67FI (Secretary requesting information in relation to CCS or ACCS) or subsection 204A(6) (Secretary requesting further information about a child care service stopping operations);
(e) a decision relating to the Secretary's power under section 137 or 141 to settle proceedings before the ART;
(f) a child care provider decision;
(g) a decision under section 203C (engaging expert for independent audit);
(h) a decision under section 204D (information about number of child care places).
(2A) A child care decision about an individual's entitlement to be paid CCS for a week, to the extent the child care decision is based on:
(a) the individual's adjusted taxable income for the income year (the relevant income year ) in which the CCS fortnight that includes the week starts; or
(b) the individual's activity test result for the CCS fortnight that includes the week;
is not to be reviewed on ART review unless the individual has met the CCS reconciliation conditions for the relevant income year.
(3) In this section:
"decision reviewer" means a person who, in accordance with subsection 109A(2), reviewed a decision that was the subject of an application under section 109A.