Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where:
(a) a notice under subsection 98(2) has been, or is to be taken to have been, given to a person who has made a claim for compensation; and
(b) the claimant has not made an application to the Federal Court under section 100 in respect of the rejection of the claim;
the claimant may apply to the Administrative Appeals Tribunal for a review of the decision of the Minister to reject the claim.
(2) Subject to subsections (3) and (4), the Administrative Appeals Tribunal Act 1975 applies to the application.
(3) Section 29 of the Administrative Appeals Tribunal Act 1975 applies to the application as if the prescribed time for the lodging of the application with the Tribunal were the period of 3 months commencing on the day on which the notice under subsection 98(2) was given, or is to be taken to have been given, to the person.
(4) On the application, the Tribunal may exercise all the powers and discretions conferred by this Act on the Minister in deciding whether to accept or reject the claim for compensation and shall make a decision:
(a) affirming the rejection of the claim by the Minister; or
(b) accepting the claim.
(5) If the decision of the Tribunal in relation to the application affirms the rejection by the Minister of the claim for compensation, the claimant shall be taken, for the purposes of this Act, not to be entitled to compensation in respect of the loss to which the claim relates.
(6) If the decision of the Tribunal in relation to the application is to accept the claim for compensation rejected by the Minister:
(a) the claimant shall be taken, for the purposes of this Act, to be entitled to compensation in respect of the loss to which the claim relates; and
(b) the Minister shall give a notice under subsection 98(1) to the claimant.
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