The relevant provisions of Section 4 (1) are:
"reviewable decision" means a decision of the Secretary:
(aa)under subsection 4BB(2) (revocation of surrender election);
(a)refusing to issue a notice of eligibility, a certificate of entitlement or a certificate of assignment;
(b)determining an amount under section 25;
(c)cancelling subsidy under section 26;
(d)giving the Bank a notice of the intended cancellation of subsidy under section 27;
(da)cancelling a subsidy under section 27A;
(e)requiring a person to pay an amount under section 29;
(f)determining a maximum term under section 36;
(g)refusing to extend the period for making an application for review under section 43; or
(h)giving, or refusing to give, an approval under section 45A;
Section 43 (1) The Secretary shall, as soon as practicable after making a reviewable decision, cause a notice in writing to be given to the person whose interests are affected by the decision containing:
(a)the terms of the decision;
(b)the reasons for the decision; and
(c)a statement setting out particulars of the person's right to have the decision reviewed under this Section.
Section 43 (2) A person whose interests are affected by a reviewable decision may apply in writing to the Secretary for a review of the decision.
Section 43 (3) An application for a review shall be made within 30 days after the day on which the decision first came to the notice of the applicant, or within such further period (if any) as the Secretary, either before or after the end of that period, allows.
Section 43 (4) Subject to subsection (5), the Secretary shall, on receiving an application, review the decision, or cause it to be reviewed by a person to whom the Secretary's power under this section is delegated, being a person other than the person who made, or was involved in the making of, the decision and occupying a position senior to that occupied by the last mentioned person.
Section 43 (5) Where a reviewable decision is made by the Secretary personally, the Secretary shall refer an application for review of the decision to the Minister and the Minister shall review the decision.
Section 43 (6) A person who reviews a reviewable decision may make a decision affirming, varying or revoking the reviewable decision and, where the person revokes the decision, may make such other decision as the person thinks appropriate.
Section 43 (7) A reference in this section to a person whose interests are affected by a reviewable decision is a reference to such a person other than the Bank.
Section 44 (1) Where a person makes a decision under subsection 43(6) affirming or varying a reviewable decision, the person shall cause a notice in writing to be given to the person whose interests are affected by the decision (other than the Bank) containing:
(c)the terms of the decision;
(d)the reasons for the decision; and
(e)a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates.
Section 44 (2) Failure to include in a notice under subsection (1) a statement of the kind referred to in paragraph (1)(e) does not affect the validity of the decision to which the notice relates.
Section 44 (3) Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal by a person other than the Bank for a review of a decision under subsection 43(6) affirming or varying a reviewable decision.
Section 44 (4) In this section "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/18500%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/18121%23comment-form
[3] https://clik.dva.gov.au/user/login?destination=node/18548%23comment-form
[4] https://clik.dva.gov.au/user/login?destination=node/18547%23comment-form