Commonwealth Consolidated Acts Commonwealth Consolidated ActsDecisions that may and may not be reviewed under section 109A
(1) A decision of any officer under the family assistance law must be reviewed on application under section 109A unless an exception set out in subsection (2) applies to the decision.
(2) The exceptions to the rule in subsection (1) are:
(a) a decision made by:
(i) the Secretary personally; or
(ii) another agency head himself or herself in the exercise of a delegated power; or
(iii) the Chief Executive Centrelink in the exercise of a delegated power; or
(iv) the Chief Executive Medicare in the exercise of a delegated power; or
(b) a determination of entitlement under section 51B in respect of an individual in so far as it relates to:
(i) a rate certified by an approved child care service under subsection 76(1) of the Family Assistance Act; or
(ii) a certificate relating to a weekly limit of hours given by an approved child care service under subsection 54(10), 55(6) or 56(3) of the Family Assistance Act; or
(c) a determination of entitlement under section 54B in respect of an approved child care service in so far as it relates to:
(i) the service's eligibility under section 47 of the Family Assistance Act; or
(ii) a rate certified by the service under subsection 76(2) of the Family Assistance Act; or
(iii) a certificate relating to a weekly limit of hours given by the service under subsection 54(10), 55(6) or 56(4) of the Family Assistance Act; or
(ca) a decision to give a person a notice under section 204A; or
(d) a calculation of an amount of fee reduction under section 50Z or 50ZB, or a recalculation of such an amount under section 50ZA or 50ZC; or
(da) a decision by the Secretary under section 219Q or subsection 219QA(2) to pay an amount in respect of fee reduction; or
(db) a decision by the Secretary under section 219QC or subsection 219QD(2) to pay an amount in respect of child care rebate; or
(dba) a decision under subsection 218RA(1A) not to pay enrolment advance; or
(dc) a decision under section 219RD (business continuity payments); or
(dd) a calculation of an amount of child care rebate for a week under section 65EAAA, or a recalculation of such an amount under section 65EAAD; or
(de) a decision by the Secretary under subsection 65EAAAA(4) (allowing election after beginning of income year to be paid child care rebate weekly or quarterly) or under subsection 65EAAAB(3) (day on which new payment arrangement begins); or
(df) a calculation of an amount of child care rebate for a quarter under section 65EAA, or a recalculation of such an amount under section 65EAB; or
(e) except as mentioned in subsection (3) or (4), a determination about a person's eligibility for, or entitlement to, family assistance other than child care benefit if that determination:
(i) is neither a determination made under section 19 because the Secretary is not satisfied that an estimate of adjusted taxable income is reasonable nor a determination varied under section 28A; and
(ii) is wholly or partly based on an estimate of the amount of adjusted taxable income, or maintenance income, in a particular income year, to the extent that the determination is so based; or
(f) except as mentioned in subsection (3), a determination about a person's entitlement to child care benefit or a person's CCB % under section 50J, if that determination:
(i) is not a determination made under section 50J, because of the operation of subsection 55(2), or an entitlement determination made under section 53D, because of the application of subsection 55(2), or a determination varied under section 60E; and
(ii) is wholly or partly based on an estimate of the amount of adjusted taxable income in a particular income year, to the extent that the determination is so based; or
(fa) a decision under section 201B to publicise information about:
(i) the doing of one or more of the things mentioned in paragraphs 200(1)(a) to (i); or
(ii) a suspension under subsection 201A(1); or
(g) a decision under Division 2 of Part 8C (infringement notices); or
(h) a decision under an instrument (including regulations) made under this Act or the Family Assistance Act.
(2A) Paragraph (2)(h) does not apply in relation to a decision under an instrument if the instrument provides that the decision is reviewable for the purposes of this section.
(3) A determination about a person's (the applicant's ):
(a) eligibility for, or entitlement to, family assistance; or
(b) CCB %;
to the extent that the determination was based on an estimate of the amount of adjusted taxable income in a particular income year, may be reviewed under section 109A only if the applicant seeks that review after the end of that year and either:
(c) the Commissioner of Taxation has made an assessment, in respect of that year, of the taxable income of each person:
(i) whose taxable income was relevant in determining the applicant's eligibility for, or rate of, that family assistance or the applicant's CCB %; and
(ii) who had been required to lodge an income tax return in respect of that year;
on the basis of the return lodged by each such person before the end of the income year following that year; or
(d) there was no person whose taxable income in respect of that year was relevant in determining the applicant's eligibility for, or rate of, that family assistance, or the applicant's CCB %, who was required to lodge an income tax return in respect of that year.
(4) A determination about a person's (the applicant's ) eligibility for, or entitlement to, family tax benefit to the extent that the determination was based on an estimate of the amount of maintenance income in a particular income year, may be reviewed under section 109A only if the applicant seeks that review after the end of that year.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback