Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 103V

             (1)  This section applies if the SSAT:

                     (a)  varies a decision under review; or

                     (b)  sets aside a decision under review and substitutes a new decision.

             (2)  Subject to subsection (3), the decision as varied or the new decision (as the case may be) has effect, or is to be taken to have had effect, on and from:

                     (a)  if the SSAT specifies a day in its decision (whether before or after the day on which the decision is given)--the day specified; or

                     (b)  otherwise--the day on which the decision under review has or had effect.

Note:          The SSAT cannot specify a day that the Registrar could not have specified (see subsection 103T(2)).

             (3)  If:

                     (a)  the decision (the original decision ) under review is a decision on an objection to a care percentage decision; and

                     (b)  the application for review of the original decision was made more than 28 days or, if the person is a resident of a reciprocating jurisdiction, 90 days after notice of the original decision was served;

the original decision as varied or the new decision (as the case may be) has effect, or is to be taken to have had effect, on and from the day on which the application was made.

             (4)  If the SSAT is satisfied that there are special circumstances that prevented the application from being made within the period referred to in paragraph (3)(b), the SSAT may determine that subsection (3) applies as if:

                     (a)  in a case where the person is a resident of a reciprocating jurisdiction--the reference to 90 days in that paragraph were a reference to such longer period as the SSAT determines to be appropriate; or

                     (b)  otherwise--the reference to 28 days in that paragraph were a reference to such longer period as the SSAT determines to be appropriate.

             (5)  If:

                     (a)  the SSAT decides to make a determination under subsection (4) in relation to a person; or

                     (b)  the SSAT decides not to make such a determination in relation to a person;

the SSAT must give written notice of the decision to each person affected by the decision.

             (6)  The notice must include a statement to the effect:

                     (a)  that the person may, subject to the Administrative Appeals Tribunal Act 1975 , apply to the AAT for review of the decision; and

                     (b)  except where subsection 28(4) of that Act applies--that the person may request a statement under section 28 of that Act.

             (7)  A contravention of subsection (6) in relation to a decision does not affect the validity of the decision.