Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 (Cth)

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 No. 154, 2012 An Act to amend the law relating to family assistance, social security, child support, paid parental leave and Indigenous education, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Extending Cape York welfare reform trial Social Security (Administration) Act 1999 Schedule 2—Indigenous education payments Indigenous Education (Targeted Assistance) Act 2000 Schedule 3—Social Security Appeals Tribunal Part 1—Amendments A New Tax System (Family Assistance) (Administration) Act 1999 Child Support (Registration and Collection) Act 1988 Paid Parental Leave Act 2010 Social Security (Administration) Act 1999 Part 2—Application and transitional provisions for amendments of the A New Tax System (Family Assistance) (Administration) Act 1999 Part 3—Application and transitional provisions for amendments of the Child Support (Registration and Collection) Act 1988 Part 4—Application and transitional provisions for amendments of the Paid Parental Leave Act 2010 Part 5—Application and transitional provisions for amendments of the Social Security (Administration) Act 1999 Part 6—Regulations Schedule 4—Amendments relating to certain child support declarations Child Support (Assessment) Act 1989 Child Support (Registration and Collection) Act 1988 Schedule 5—Schoolkids bonus A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Social Security Act 1991 Schedule 6—Other amendments A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Social Security Act 1991 Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 No. 154, 2012 An Act to amend the law relating to family assistance, social security, child support, paid parental leave and Indigenous education, and for related purposes [Assented to 17 November 2012] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 17 November 2012 2. Schedules 1 and 2 The day this Act receives the Royal Assent. 17 November 2012 3. Schedule 3 The 28th day after this Act receives the Royal Assent. 15 December 2012 4. Schedule 4 The day this Act receives the Royal Assent. 17 November 2012 5. Schedule 5, items 1 to 60 The day this Act receives the Royal Assent. 17 November 2012 6. Schedule 5, item 61 27 May 2012. 27 May 2012 7. Schedule 6, item 1 1 July 2012. 1 July 2012 8. Schedule 6, items 2 to 9 The day this Act receives the Royal Assent. 17 November 2012 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Extending Cape York welfare reform trial Social Security (Administration) Act 1999 1 Paragraphs 123UF(1)(g) and (2)(h) Omit "1 January 2013", substitute "1 January 2014". Schedule 2—Indigenous education payments Indigenous Education (Targeted Assistance) Act 2000 1 Subsection 14B(1) (table item 4) Omit "$120,701,000", substitute "$132,607,000". 2 Subsection 14C(1) (table item 1) Omit "$133,527,000", substitute "$137,699,000". Schedule 3—Social Security Appeals Tribunal Part 1—Amendments A New Tax System (Family Assistance) (Administration) Act 1999 1 Subsection 3(1) (at the end of the definition of Principal Member) Add: Note: Schedule 3 to the Social Security (Administration) Act 1999 deals with the constitution and membership of the Social Security Appeals Tribunal. 2 Subsection 3(1) (at the end of the definition of SSAT) Add: Note: Schedule 3 to the Social Security (Administration) Act 1999 deals with the constitution and membership of the SSAT. 3 Subsection 3(1) Insert: SSAT member means a member of the SSAT (and includes the Principal Member). Note: Schedule 3 to the Social Security (Administration) Act 1999 deals with the constitution and membership of the SSAT. 4 Section 110 Before "In", insert "(1)". 5 At the end of section 110 Add: (2) That objective must also be pursued by the Principal Member in performing or exercising his or her functions and powers under this Act. 6 Subparagraph 112(3)(b)(i) Omit "withdrawn", substitute "dismissed". 7 Subsection 117(3) Repeal the subsection, substitute: (3) If: (a) a person applies to the SSAT for review of a decision; and (b) before determination of the review, an officer varies the decision or sets it aside and substitutes a new decision; the person may: (c) proceed with the application for review of the decision as varied or the new decision; or (d) request the Principal Member to dismiss the application under section 135; or (e) notify, under section 136, the SSAT that the application is discontinued or withdrawn. 8 After paragraph 118(1)(b) Insert: (c) for a review of a care percentage decision—each person who is a responsible person (within the meaning of the Child Support (Assessment) Act 1989) for the child to whom the decision relates; and 9 Subsection 120(1) Omit "(1)". 10 Subsections 120(2), (3) and (4) Repeal the subsections. 11 Subsection 123(3) Repeal the subsection, substitute: (3) The party may, with the permission of the Principal Member, have another person make submissions to the SSAT on the party's behalf. (3A) In deciding whether to grant permission under subsection (3), the Principal Member must have regard to the wishes of the parties and the need to protect their privacy. 12 Subsection 126A(3) Omit "having regard to the objective laid down by section 110". 13 After paragraph 126A(4)(a) Insert: (aa) written submissions to the SSAT; or 14 Subsection 126A(4) Omit "having regard to the objective laid down by section 110". 15 Subdivision BC of Division 3 of Part 5 (heading) Repeal the heading, substitute: Subdivision BC—Directions hearings 16 Section 129A (heading) Repeal the heading, substitute: 129A Directions hearings 17 Subsection 129A(1) Omit "conferences", substitute "directions hearings". 18 Subsection 129A(2) Omit "conference", substitute "directions hearing". 19 Paragraph 129A(2)(d) Omit "evidence is to be brought before", substitute "information is to be given to". 20 Subsections 129A(3), (4) and (5) Repeal the subsections. 21 Paragraph 129B(1)(a) Omit "pre‑hearing conference", substitute "directions hearing". 22 Paragraph 130(1)(b) Omit "allows; and", substitute "allows.". 23 Paragraph 130(1)(c) Repeal the paragraph. 24 Section 133 Repeal the section. 25 Paragraph 134(2)(b) Repeal the paragraph. 26 Sections 135 and 136 Repeal the sections, substitute: 135 Dismissal of application for review by SSAT (1) The Principal Member may, on the request of a party or on his or her own initiative, dismiss an application for review of a decision if: (a) the decision is not reviewable under this Part; or (b) the application is frivolous or vexatious; or (c) all of the parties consent; or (d) the Principal Member is satisfied: (i) after having communicated with each party; or (ii) after having made reasonable attempts to communicate with each party and having failed to do so; or a combination of both, that none of the parties intend to proceed with the application; or (e) all of the parties fail to attend the hearing. (2) The Principal Member may dismiss an application under paragraph (1)(b) only if: (a) one of the following applies: (i) the Principal Member has received and considered submissions from the applicant for review; (ii) the Principal Member has otherwise communicated with the applicant in relation to the grounds of the application; (iii) the Principal Member has made reasonable attempts to communicate with the applicant in relation to the grounds of the application and has failed to do so; and (b) all of the parties (other than the applicant) consent to the dismissal. (3) If the Principal Member dismisses an application under subsection (1) (other than under paragraph (1)(b)), a party to the review may: (a) within 28 days after receiving notification that the application has been dismissed; or (b) within such longer period as the Principal Member, in special circumstances, allows; request that the Principal Member reinstate the application. (4) If the Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as he or she considers appropriate in the circumstances. (5) If it appears to the Principal Member that an application has been dismissed under subsection (1) in error, he or she may, on the request of a party to the review or on his or her own initiative, reinstate the application and give such directions as he or she considers appropriate in the circumstances. (6) This section does not apply in relation to a party if the party is the Secretary. 136 Dismissal of application for review on request of party (1) An applicant for review may notify the SSAT at any time that the application for review is discontinued or withdrawn. (2) If the applicant orally notifies the SSAT, the person who receives the notification must make a written record of the day on which the notification was given. (3) If notification is given under subsection (1), the Principal Member is taken to have dismissed the application. (4) If the Principal Member dismisses an application under subsection (3), a party to the review may: (a) within 28 days after receiving notification that the application has been dismissed; or (b) within such longer period as the Principal Member, in special circumstances, allows; request that the Principal Member reinstate the application. (5) If the Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as he or she considers appropriate in the circumstances. (6) This section does not apply in relation to a party if the party is the Secretary. 27 Subsection 139(7) Repeal the subsection. 28 At the end of Division 3 of Part 5 Add: Subdivision G—Restrictions on disclosure of information 141C Orders restricting disclosure of information (1) The Principal Member may make an order directing a person: (a) not to disclose information specified in the order; or (b) not to disclose information specified in the order except in the circumstances, or for the purposes, specified in the order; or (c) not to disclose information specified in the order, except to a specified person or class of persons. (2) An order may only specify information that has been disclosed to the person for purposes relating to a review under this Part. (3) A person commits an offence if: (a) the Principal Member makes an order under subsection (1) in relation to the person; and (b) the person contravenes the order. Penalty: Imprisonment for 2 years. (4) An order made under subsection (1) in relation to a person does not apply to information which the person knew before the disclosure referred to in subsection (2) was made. Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code. 141D Varying an order to permit certain disclosures (1) A person in relation to whom an order has been made under subsection 141C(1) may request the Principal Member to vary the order to allow the person to disclose particular information specified in the order: (a) in particular circumstances or for particular purposes; or (b) to a particular person or class of persons. (2) The Principal Member may vary the order in accordance with the request. (3) This section does not limit the Principal Member's power to vary or revoke an order. Note: For variation and revocation apart from under this section, see subsection 33(3) of the Acts Interpretation Act 1901. 141E Orders restricting secondary disclosures of information (1) If an order (the primary order) under subsection 141C(1) directs a person not to disclose information specified in the order, except to any of the following (an authorised recipient): (a) a specified person; (b) a member of a specified class of persons; the Principal Member may make another order, directing an authorised recipient not to disclose the information specified in the primary order. (2) A person commits an offence if: (a) the Principal Member makes an order under subsection (1) in relation to the person; and (b) the person contravenes the order. Penalty: Imprisonment for 2 years. (3) An order made under subsection (1) in relation to a person does not apply to information which the person knew before the disclosure of the information in accordance with the primary order was made. Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code. Child Support (Registration and Collection) Act 1988 29 Subsection 4(1) Insert: Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997. 30 Subsection 4(1) (at the end of the definition of SSAT) Add: Note: Schedule 3 to the Social Security (Administration) Act 1999 deals with the constitution and membership of the SSAT. 31 Subsection 4(1) Insert: SSAT member means a member of the SSAT (and includes the SSAT Principal Member). Note: Schedule 3 to the Social Security (Administration) Act 1999 deals with the constitution and membership of the SSAT. 32 Subsection 4(1) (at the end of the definition of SSAT Principal Member) Add: Note: Schedule 3 to the Social Security (Administration) Act 1999 deals with the constitution and membership of the SSAT. 33 Paragraph 16(2AB)(a) Omit "proceedings", substitute "review". 34 Paragraph 16(2AB)(b) Omit "proceedings concerned or is, or is alleged to be, in any other way concerned in the matter to which the proceedings concerned relate", substitute "review concerned or is, or is alleged to be, in any other way concerned in the matter to which the review concerned relates". 35 Paragraph 16(2AB)(c) Omit "proceedings", substitute "review". 36 After subsection 16(3) Insert: (3A) Subsection (2) does not prevent an SSAT member from communicating any protected information to a person, if the information concerns a threat to the life, health or welfare of a person and either of the following applies: (a) the member believes on reasonable grounds that the communication is necessary to prevent or lessen the threat; (b) there is reason to suspect that the threat may afford evidence that an offence may be, or has been, committed against a person and the member communicates the information for the purpose of preventing, investigating or prosecuting such an offence. 37 Section 88 Before "In", insert "(1)". 38 At the end of section 88 Add: (2) That objective must also be pursued by the SSAT Principal Member in performing or exercising his or her functions and powers under this Act. 39 Subparagraph 94(1)(a)(ii) Omit "Department", substitute "Human Services Department". 40 Subsection 95(1) Omit "Department" (wherever occurring), substitute "Human Services Department". 41 Subsection 96(1) Omit "(1)". 42 Subsections 96(2) and (3) Repeal the subsections. 43 Subsection 97(1A) Omit "subsection 96(1)", substitute "section 96". 44 Subsection 97(2) Omit "or subsection 95(5) or 96(1)", substitute ", subsection 95(5) or section 96". 45 Subsection 98(1) Omit "subsection 96(1)", substitute "section 96". 46 After paragraph 100(1)(c) Insert: (ca) the applicant has been removed from the review under subsection 101(5) and all of the remaining parties consent to the dismissal; or 47 Paragraph 100(1)(f) Omit "proceeding", substitute "review". 48 At the end of section 100 Add: (3) If the SSAT Principal Member dismisses an application under subsection (1) (other than under paragraph (1)(b) or (f)), a party to the review may: (a) within 28 days after receiving notification that the application has been dismissed; or (b) within such longer period as the SSAT Principal Member, in special circumstances, allows; request that the SSAT Principal Member reinstate the application. (4) If the SSAT Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as he or she considers appropriate in the circumstances. (5) If it appears to the SSAT Principal Member that an application has been dismissed under subsection (1) in error, he or she may, on the request of a party to the review or on his or her own initiative, reinstate the application and give such directions as he or she considers appropriate in the circumstances. 49 Subsection 100A(2) Omit "SSAT is taken to have dismissed the application without proceeding to review the decision", substitute "SSAT Principal Member is taken to have dismissed the application". 50 Subsections 100A(3), (4) and (5) Repeal the subsections, substitute: (3) If the SSAT Principal Member dismisses an application under subsection (2), a party to the review may: (a) within 28 days after receiving notification that the application has been dismissed; or (b) within such longer period as the SSAT Principal Member, in special circumstances, allows; request that the SSAT Principal Member reinstate the application. (4) If the SSAT Principal Member considers it appropriate to do so, he or she may reinstate the application and give such directions as he or she considers appropriate in the circumstances. 51 Division 3A of Part VIIA (heading) Repeal the heading, substitute: Division 3A—Directions hearings 52 Section 103 (heading) Repeal the heading, substitute: 103 Directions hearings 53 Subsection 103(1) Omit "conferences", substitute "directions hearings". 54 Subsection 103(2) Omit "conference", substitute "directions hearing". 55 At the end of subsection 103(2) (before the note) Add: ; and (d) give directions about what information is to be given to the SSAT. 56 Subsection 103(2) (note) Omit "pre‑hearing conference", substitute "directions hearing". 57 Paragraph 103A(1)(c) Omit "pre‑hearing conference", substitute "directions hearing". 58 Subsection 103C(2) Repeal the subsection, substitute: (2) A party to a review may, with the permission of the SSAT Principal Member, have another person make submissions to the SSAT on the party's behalf. (2A) In deciding whether to grant permission under subsection (2), the SSAT Principal Member must have regard to: (a) the wishes of the parties; and (b) the need to protect their privacy. 59 Subsection 103F(3) Omit "having regard to the objective laid down by section 88". 60 Subsection 103F(4) (heading) Repeal the heading, substitute: SSAT may order Registrar to make oral submissions etc. 61 After paragraph 103F(4)(a) Insert: (aa) written submissions to the SSAT; or 62 Subsection 103F(4) Omit "having regard to the objective laid down by section 88". 63 Paragraph 103N(1)(b) Omit "allows; and", substitute "allows.". 64 Paragraph 103N(1)(c) Repeal the paragraph. 65 Section 103Q Repeal the section. 66 Subsection 103R(2) Repeal the subsection, substitute: (2) Without limiting subsection (1), the SSAT may refuse to adjourn the hearing of a review if the hearing has already been adjourned on 2 or more occasions. 67 Subsection 103W(1) Omit "a proceeding for a review (including at a pre‑hearing conference", substitute "a review (including at a directions hearing". 68 Subparagraphs 103W(1)(a)(i) and (ii) Omit "proceeding" (wherever occurring), substitute "review". 69 Subsection 103W(2) Omit "in the proceeding", substitute "on the review". 70 Paragraph 103W(2)(a) Omit "proceeding", substitute "review". 71 Subsection 103W(3) Omit "part of the proceeding, or a matter arising out of the proceeding, the SSAT may in its decision in the proceeding give effect to the terms of the agreement without dealing at the hearing of the proceeding", substitute "part of the review, or a matter arising out of the review, the SSAT may in its decision on the review give effect to the terms of the agreement without dealing at the hearing of the review". 72 At the end of section 103X Add: Copies to removed party (6) The SSAT must, in relation to any person who was removed as a party to the review under subsection 101(5): (a) give the person a copy of the notice under paragraph (1)(a), within 14 days after making the decision; and (b) if a notice under paragraph (3)(b) was not part of the notice under paragraph (1)(a)—do at least one of the following: (i) give reasons for the decision orally to the person, within 14 days after making the decision; (ii) give the person a copy of any notice under paragraph (3)(b), at the same time as giving it to the parties to the review. 73 Subsection 103ZA(7) Repeal the subsection. 74 At the end of Division 6 of Part VIIA Add: 103ZAA Orders restricting disclosure of information (1) The SSAT Principal Member may make an order directing a person: (a) not to disclose information specified in the order; or (b) not to disclose information specified in the order except in the circumstances, or for the purposes, specified in the order; or (c) not to disclose information specified in the order, except to a specified person or class of persons. (2) An order may only specify information that has been disclosed to the person for purposes relating to a review under this Part. (3) A person commits an offence if: (a) the SSAT Principal Member makes an order under subsection (1) in relation to the person; and (b) the person contravenes the order. Penalty: Imprisonment for 2 years. (4) An order made under subsection (1) in relation to a person does not apply to information which the person knew before the disclosure referred to in subsection (2) was made. Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code. 103ZAB Varying an order to permit certain disclosures (1) A person in relation to whom an order has been made under subsection 103ZAA(1) may request the SSAT Principal Member to vary the order to allow the person to disclose particular information specified in the order: (a) in particular circumstances or for particular purposes; or (b) to a particular person or class of persons. (2) The SSAT Principal Member may vary the order in accordance with the request. (3) This section does not limit the SSAT Principal Member's power to vary or revoke an order. Note: For variation and revocation apart from under this section, see subsection 33(3) of the Acts Interpretation Act 1901. 103ZAC Orders restricting secondary disclosures of information (1) If an order (the primary order) under subsection 103ZAA(1) directs a person not to disclose information specified in the order, except to any of the following (an authorised recipient): (a) a specified person; (b) a member of a specified class of persons; the SSAT Principal Member may make another order, directing an authorised recipient not to disclose the information specified in the primary order. (2) A person commits an offence if: (a) the SSAT Principal Member makes an order under subsection (1) in relation to the person; and (b) the person contravenes the order. Penalty: Imprisonment for 2 years. (3) An order made under subsection (1) in relation to a person does not apply to information which the person knew before the disclosure of the information in accordance with the primary order was made. Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code. 75 Section 103ZB Omit "proceeding", substitute "review". 76 Section 110A Omit "proceeding", substitute "review". 77 Section 110B Repeal the section, substitute: 110B Appeals from decisions of SSAT A party to a review by the SSAT under Part VIIA may appeal to a court having jurisdiction under this Act, on a question of law, from a decision of the SSAT on that review under section 103S. 78 Section 110D Omit "the people who were". 79 Section 110D Omit "proceeding" (second occurring), substitute "review". 80 At the end of section 110D Add: Note: A person may be added or removed as a party to a review under subsection 101(4) or (5). 81 Paragraph 110F(3)(b) Omit "proceeding" (wherever occurring), substitute "review". 82 Subsections 110G(1) and (2) Omit "proceeding before" (wherever occurring), substitute "review by". 83 Subsection 110H(1) Omit "proceeding before", substitute "review by". 84 Subsection 110H(3) Omit "any proceeding", substitute "any review". 85 Subsection 110H(3) Omit "in that proceeding", substitute "on that review". 86 Paragraph 110K(a) Omit "proceeding", substitute "review". Paid Parental Leave Act 2010 87 Section 6 (at the end of the definition of Principal Member) Add: Note: Schedule 3 to the Social Security (Administration) Act 1999 deals with the constitution and membership of the Social Security Appeals Tribunal. 88 Section 6 (at the end of the definition of SSAT) Add: Note: Schedule 3 to the Social Security (Administration) Act 1999 deals with the constitution and membership of the SSAT. 89 Section 6 Insert: SSAT member means a member of the SSAT. Note: Schedule 3 to the Social Security (Administration) Act 1999 deals with the constitution and membership of the SSAT. 90 After section 130 Insert: 130A Disclosure of information by SSAT members—threat to life, health or welfare Despite section 130, an SSAT member may disclose information if the information concerns a threat to the life, health or welfare of a person and either of the following applies: (a) the member believes on reasonable grounds that the disclosure is necessary to prevent or lessen the threat; (b) there is reason to suspect that the threat may afford evidence that an offence may be, or has been, committed against a person and the member discloses the information for the purpose of preventing, investigating or prosecuting such an offence. 91 Section 214 Before "In", insert "(1)". 92 At the end of section 214 Add: (2) That objective must also be pursued by the Principal Member in performing or exercising his or her functions and powers under this Act. 93 Subsection 221(4) Repeal the subsection, substitute: (4) The person may: (a) proceed with the application for review of the decision as varied or the new decision; or (b) request the Principal Member to dismiss the application under section 251; or (c) notify, under section 252, the SSAT that the application is discontinued or withdrawn. 94 Subsection 229(4) Repeal the subsection, substitute: (4) The employer may: (a) proceed with the application for review of the decision as varied or the new decision; or (b) request the Principal Member to dismiss the application under section 251; or (c) notify, under section 252, the SSAT that the application is discontinued or withdrawn. 95 Section 231 Omit "pre‑hearing conferences", substitute "directions hearings". 96 Section 231 Omit "pre‑hearing conference", substitute "directions hearing". 97 Subsections 233(3) and (4) Repeal the subsections. 98 Subsection 237(2) Repeal the subsection, substitute: (2) The party may, with the permission of the Principal Member, have another person make submissions to the SSAT on the party's behalf. (2A) In deciding whether to grant permission under subsection (2), the Principal Member must have regard to the wishes of the parties and the need to protect their privacy. 99 Subsection 240(3) Omit "taking into account the objective laid down by section 214". 100 After paragraph 240(4)(a) Insert: (aa) written submissions to the SSAT; or 101 Subsection 240(4) Omit "taking into account the objective laid down by section 214". 102 Division 6 of Part 5‑3 (heading) Repeal the heading, substitute: Division 6—Directions hearings 103 Section 245 (heading) Repeal the heading, substitute: 245 Directions hearings 104 Subsection 245(1) Omit "conferences", substitute "directions hearings". 105 Subsection 245(2) Omit "conference", substitute "directions hearing". 106 Paragraph 245(2)(d) Omit "evidence is to be brought before", substitute "information is to be given to". 107 Subsections 245(3), (4) and (5) Repeal the subsections. 108 Paragraph 246(1)(a) Omit "pre‑hearing conference", substitute "directions hearing". 109 Paragraph 247(1)(b) Omit "allows; and", substitute "allows.". 110 Paragraph 247(1)(c) Repeal the paragraph. 111 Section 249 Repeal the section. 112 Subsection 250(2) Repeal the subsection, substitute: (2) Without limiting subsection (1), the SSAT may refuse to adjourn the hearing of a review if the hearing has already been adjourned on 2 or more occasions. 113 Sections 251 and 252 Repeal the sections, substitute: 251 Dismissal of application for review by SSAT (1) The Principal Member may, on the request of a party or on his or her own initiative, dismiss an application for review of a decision if: (a) the decision is not reviewable under Part 5‑2; or (b) the application is frivolous or vexatious; or (c) all of the parties consent; or (d) the applicant has been removed from the review under subsection 222(4) and all of the remaining parties consent to the dismissal; or (e) the Principal Member is satisfied: (i) after having communicated with each party; or (ii) after having made reasonable attempts to communicate with each party and having failed to do so; or a combination of both, that none of the parties intend to proceed with the application; or (f) all of the parties fail to attend the hearing; or (g) all of the parties have been removed from the review under subsection 222(4). (2) The Principal Member may dismiss an application under paragraph (1)(b) only if: (a) one of the following applies: (i) the Principal Member has received and considered submissions from the applicant for review; (ii) the Principal Member has otherwise communicated with the applicant in relation to the grounds of the application; (iii) the Principal Member has made reasonable attempts to communicate with the applicant in relation to the grounds of the application and has failed to do so; and (b) all of the parties (other than the applicant) consent to the dismissal. (3) If the Principal Member dismisses an application under subsection (1) (other than under paragraph (1)(b) or (g)), a party to the review may: (a) within 28 days after receiving notification that the application has been dismissed; or (b) within such longer period as the Principal Member, in special circumstances, allows; request that the Principal Member reinstate the application. (4) If the Principal Member considers it appropriate to do so, he or she may reinstate the application and give such