The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.2 External review applications to the ART

Introduction

A parent can apply to the ART for review of an objection decision made by the Registrar. This chapter explains which decisions the ART can review and the process involved.

A parent can also apply to the ART for a review of certain Registrar decisions regarding DPOs. See 5.2.11 for information on the review provisions.

The ART can also undertake second review of the following decisions:

  • an ART review decision of a care percentage decision (2.2.1)
  • an ART special circumstances decision relating to the date of effect of an ART review decision of a care percentage decision (4.1.8)
  • an ART decision to refuse an application for extension of time to apply for an ART review (4.2.4).

In certain circumstances, the President of the ART can refer an application for ART review to the ART guidance and appeals panel, or, for decisions that cannot be subject to a second review as described above, a party to an ART decision can apply to the President to refer a decision of the ART to the guidance and appeals panel. The guidance and appeals panel is a way of constituting the ART at a more senior level to review issues of significance to administrative decision-making, or where an ART decision may contain an error of fact or law materially affecting the ART decision (ARTAct Part 5).

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