Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 177

SSAT affirms decisions

          (1A)  If the SSAT makes a decision on a review and the decision is of a kind mentioned in paragraph 149(1)(a), the SSAT must:

                     (a)  prepare a written statement (the initial statement ) that sets out the decision of the SSAT on the review; and

                     (b)  give each party to the review a copy of the initial statement within 14 days after making the decision; and

                     (c)  within 14 days after making the decision, either:

                              (i)  give reasons for the decision orally to each party to the review and explain that the party may make a written request for a statement under subparagraph (ii) within 14 days after the copy of the initial statement is given to the party; or

                             (ii)  give each party to the review a written statement (whether or not as part of the initial statement) that sets out the reasons for the decision, sets out the findings on any material questions of fact and refers to evidence or other material on which the findings of fact are based; and

                     (d)  return to the Secretary any document that the Secretary has provided to the SSAT in connection with the review; and

                     (e)  give the Secretary a copy of any other document that contains evidence or material on which the findings of fact are based.

          (1B)  If the SSAT does not give a written statement to a party under subparagraph (1A)(c)(ii), the party may, within 14 days after the copy of the initial statement is given to the party, make a written request of the SSAT for such a statement.

          (1C)  The SSAT must comply with a request under subsection (1B) within 14 days after the day on which it receives the request.

SSAT varies decisions or sets decisions aside

             (1)  If the SSAT makes a decision on a review and the decision is of a kind mentioned in paragraph 149(1)(b) or (c), the SSAT must:

                     (a)  prepare a written statement that:

                              (i)  sets out the decision of the SSAT on the review; and

                             (ii)  sets out the reasons for the decision; and

                            (iii)  sets out the findings on any material questions of fact; and

                            (iv)  refers to evidence or other material on which the findings of fact are based; and

                     (b)  give each party to the review a copy of the statement referred to in paragraph (a) within 14 days after the making of the decision in relation to the review; and

                     (d)  return to the Secretary any document that the Secretary has provided to the SSAT in connection with the review; and

                     (e)  give the Secretary a copy of any other document that contains evidence or material on which the findings of fact are based.

Notice of further review right

             (2)  When the SSAT determines a review, the Principal Member must give each party to the review (other than the Secretary) a written notice that includes a statement to the effect that, if the person is dissatisfied with the decision of the SSAT, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the AAT for review of the decision.

             (3)  A failure to comply with subsection (2) in relation to a decision of the SSAT does not affect the validity of the decision.