Quick answer
Section 63 requires that, as soon as practicable after a person makes a reviewable decision, a written notice be served on the claimant setting out the terms of the decision, the reasons for it, and a statement that application may be made to the Administrative Review Tribunal for review, subject to the Administrative Review Tribunal Act 2024.
This page is an educational summary for professionals working with AI. It is not the law and not legal advice. Always work from the current authoritative text linked below.
Section 63 is headed "Reviewable decision to be notified in writing". As soon as practicable after a person makes a reviewable decision, that person must cause a written notice to be served on the claimant setting out the terms of the decision, the reasons for it, and a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Tribunal for review. Read the current compilation on the Federal Register of Legislation.
Whoever makes the reviewable decision. By the section 60 definition that means the body deciding a section 62 reconsideration or a subsection 38(4) Comcare review.
Collapsing it into section 61. Section 61 notifies a determination and offers reconsideration. Section 63 notifies a reviewable decision and offers the Tribunal. A template that sends reconsideration wording with a reconsideration outcome tells the claimant to do again what has just been done.
Notice assembly. The three limbs are mandatory, and the reasons limb is the one a generated summary degrades first, because it restates an outcome rather than recording why the decision maker reached it. See the plain English determinations reader test and review rights at the Tribunal.
Section 63 closes the internal review loop and opens the external one. Its notice is the document that starts the claimant's Tribunal clock, so the wrong template is not a cosmetic error.
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Frequently asked questions
- How is section 63 different from section 61?
- They cover different decisions and point at different next steps. Section 61 applies to a determination and its notice must say the claimant may request a reconsideration under subsection 62(2). Section 63 applies to a reviewable decision and its notice must say that application may be made to the Administrative Review Tribunal.
- What counts as a reviewable decision?
- Section 60 defines it precisely. A reviewable decision means a decision made under subsection 38(4) or section 62. That is, the outcome of a Comcare review of a rehabilitation determination, or the outcome of a reconsideration. An original determination is not a reviewable decision.
- Who must give the section 63 notice?
- The section is drafted around the person who makes the reviewable decision, rather than a defined determining authority as in section 61. That person must cause the notice to be served on the claimant, who under section 60 is the person in respect of whom the determination was made.
- Does section 63 carry the section 61 exclusion for medical treatment costs?
- No. Subsection 61(2) switches off the section 61 notice duty for certain subsection 16(1) medical treatment determinations paid to someone other than the employee. Section 63 contains no equivalent carve-out, so the notice duty for a reviewable decision is unqualified on the face of the section.
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