Childcare Payments Act 2014

56 Appealable decisions

(1) A person who is affected by an appealable decision (see subsection (3)) may appeal against the decision.

(2) But a person may not appeal against any decision unless—

(a) the person has applied under section 57 for a review of the decision, and

(b) either—

(i) the person has been notified of the conclusion on the review, or

(ii) the person has not been notified of the conclusion on the review and the period for notifying the person of that conclusion has ended.

(3) The following decisions are “appealable decisions”—

(a) a decision not to open a childcare account;

(b) a decision that a declaration of eligibility is not valid;

(c) a decision as to whether or not to make or revoke an account restriction order under section 24;

(d) a decision to give a person a notice under section 26;

(e) a decision to give a person a disqualification notice under section 34;

(f) a decision to make an assessment, or to make an assessment of a particular amount, under section 41;

(g) a decision to assess a penalty, or to assess a penalty of a particular amount, under section 47;

(h) a decision to make a disqualification order under section 49;

(i) a decision to make a direction under section 50;

(j) a decision to give a person a notice under section 51;

(k) a decision to give a direction under section 53.

(4) Where a person is notified of an appealable decision under this Act, the notification must include details of the person’s right to apply for a review of the decision and to appeal against the decision.

(5) The effect of an appealable decision falling within paragraph (d), (f), (g), (j) or (k) of subsection (3) is suspended by—

(a) the making of an application for a review of the decision, or

(b) the making of an appeal against the decision.

(6) The effect of any other appealable decision is not suspended by the making of such an application or appeal.