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.

6.3.2 ART second reviews

Second review by the ART

A person whose interests are affected by an ART social services decision (ART review) may apply to the Tribunal for a second review of the decision.

Application for a review

An application to the ART for a second review must be made within 28 days after the day the applicant has been notified of the ART review decision, unless the ART grants an extension or another exception applies.

An application cannot be made for ART second review if the ART review decision was a decision agreed by parties.

Notification of a second review decision by the ART

The ART must notify the applicant of their second review decision. This notification must be in writing and must include its decision and a statement of reasons for its decision to the parties to review. The ART must also advise that the parties have a right to apply for review by the Federal Court.

Date of effect of the ART second review decision

Unless the ART orders otherwise, a decision to set aside or vary the reviewable decision will have effect from the time at which the reviewable decision had effect.

Further reviews

The person or the Secretary may appeal to the Federal Court of Australia for a review of an ART second review decision within 28 days of being notified of the decision but only on a question of law.

Act reference: ARTAct section 18 When to apply—general rule, section 108 Effect of Tribunal decision to vary or substitute a reviewable decision, section 111 Notice of decision and statement of reasons—review of reviewable decision, Part 5A—Second review for certain social services decisions

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