53Internal reviews

#### 53 Internal reviews 53 Internal reviews > > (1) Who may apply for an internal review If an administrator makes an administratively reviewable decision, an interested person may apply for an internal review of that decision under this section. > > > (2) Requirements for an application An application for an internal review is: > > > > > (a) to be in writing, and > > > > > (b) to be addressed to the administrator concerned, and > > > > > (c) to specify an address in Australia to which a notice under subsection (6) may be sent, and > > > > > (d) to be lodged at the office (or an office) of the administrator within 28 days (or such later date as the administrator may allow) after the person: > > > > > > > (i) if the person has requested reasons under section 49—was provided with a statement of reasons under section 49 or notified under section 50 of a refusal to provide reasons, or > > > > > > > (ii) if the person has not requested reasons under section 49—was notified of the making of the administratively reviewable decision, and > > > > > (e) to comply with such other requirements as may be prescribed by the regulations in respect of the making of applications for internal reviews. > > > (3) Who is to deal with an application? An application for an internal review of a decision is to be dealt with by an individual (other than the administrator) who is directed to do so by the administrator (the internal reviewer). The internal reviewer directed to deal with an application must be, as far as is practicable, an individual: > > > > > (a) who was not substantially involved in the process of making the decision under review, and > > > > > (b) who is an employee of the administrator or is an employee of the same agency or organisation within which the administrator is employed, and > > > > > (c) who is otherwise suitably qualified to deal with the issues raised by the application. > > > (4) Material to be considered In reviewing a decision, the internal reviewer is to consider any relevant material submitted by the applicant. > > > (5) Review of the application Following the internal review of the decision, the internal reviewer may: > > > > > (a) affirm the decision, or > > > > > (b) vary the decision, or > > > > > (c) set aside the decision and make a decision in substitution for the decision that is set aside. > > > (5A) Reviewer has functions of administrator In exercising a function under subsection (5), an internal reviewer is taken for all purposes to have the right to exercise the same functions under any relevant legislation or other law that the administrator had in making the decision being reviewed. > > > (5B) Reviewer to notify administrator of decision An internal reviewer must notify the administrator of the result of, and the reasons for, his or her decision under subsection (5) as soon as is practicable after making the decision. > > > (6) Notice of result of review and appeal rights Within 21 days after the application for the internal review is lodged (or such other period as the administrator and person agree on), the administrator must notify the applicant in writing of: > > > > > (a) the outcome of the internal review, and > > > > > (b) the reasons for the decision in the internal review, and > > > > > (c) the right of the person to have the decision reviewed by the Tribunal. > > > (7) Statement of reasons For the purposes of subsection (6), an applicant is notified of the reasons for a decision in an internal review only if the applicant is given a statement of reasons setting out the following: > > > > > (a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based, > > > > > (b) the understanding of the internal reviewer of the applicable law, > > > > > (c) the reasoning processes that led the internal reviewer to the conclusions the reviewer made. > > > (8) Status of decisions made on internal review For the purposes of this Act, an administratively reviewable decision that is affirmed, varied or set aside and substituted under subsection (5) is: > > > > > (a) taken to have been made by the administrator (as affirmed, varied or substituted by the internal reviewer), and > > > > > (b) taken to have been made on the date on which the applicant is given a notice under subsection (6). > > > (9) When an internal review is finalised An internal review is taken to be finalised if: > > > > > (a) the applicant is notified of the outcome of the review under subsection (6), or > > > > > (b) the applicant is not notified of the outcome of the review within 21 days after the application for the review is lodged (or such other period as the administrator and person agree on). > > > > Note— > > > > Section 55 provides that an interested person may apply for an administrative review under this Act of an administratively reviewable decision once an internal review of the decision is taken to be finalised under this subsection. > > > (10) No internal reviews of decisions previously reviewed under this section A person is not entitled to a review under this section of any decision previously reviewed under this section or a decision made under subsection (5). > > > (11) Regulation-making powers The regulations may: > > > > > (a) prescribe requirements to be observed in relation to the conduct of an internal review under this section, or > > > > > (b) exclude any class of administratively reviewable decisions from the application of this section, or > > > > > (c) alter the period within which an internal review must be conducted or a notice given under this section. > > **s 53:** Am 1997 No 141, Sch 1.1 \[3\]; 2000 No 33, Sch 1 \[2\]–\[9\]; 2008 No 77, Sch 1 \[12\]; 2013 No 94, Sch 2.2 \[14\] \[16\] \[17\].