192Internal review

#### 192 Internal review 192 Internal review (cf AI Act s 35A) > > (1) Who may apply for an internal review? If the relevant decision maker makes a 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 relevant decision maker, and > > > > > (c) to specify an address in Australia to which a notice under subsection (8) may be sent, and > > > > > (d) to be lodged at the office (or an office) of the relevant decision maker within 28 days (or such later date as the relevant decision maker may allow) after the person— > > > > > > > (i) if the person has requested reasons under section 190—was provided with a statement of reasons under section 190 or notified under section 191 of a refusal to provide reasons, or > > > > > > > (ii) if the person has not requested reasons under section 190—was notified of the making of the reviewable decision, and > > > > > (e) to comply with such other requirements as may be prescribed by the regulations in relation to 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 relevant decision maker) who is directed to do so by the relevant decision maker (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 officer or employee of the Department or of another body (if any) prescribed by the regulations, 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 dealing with the application 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. > > > (6) Reviewer has functions of relevant decision maker In exercising a function under subsection (5), an internal reviewer is taken for all purposes to have the right to exercise the same functions in law that the relevant decision maker had in making the decision being reviewed. > > > (7) Reviewer to notify relevant decision maker of decision An internal reviewer must notify the relevant decision maker of the result of, and the reasons for, his or her decision under subsection (5) as soon as is practicable after making the decision. > > > (8) Notice of result of review and appeal rights As soon as practicable (or in any event within 21 days) after the completion of an internal review of a decision, the relevant decision maker must notify the applicant in writing of— > > > > > (a) the outcome of the internal review, and the reasons for the decision in the internal review, and > > > > > (b) the right (if any) of the person to have the decision administratively reviewed by the Civil and Administrative Tribunal as referred to in section 193. > > > (9) Statement of reasons For the purposes of subsection (8), 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. > > > (10) Status of decisions made on internal review For the purposes of this Act, a reviewable decision that is affirmed, varied or set aside and substituted under subsection (5) is— > > > > > (a) taken to have been made by the relevant decision maker (as affirmed, varied or substituted by the internal reviewer), and > > > > > (b) taken to have been made on the date under which the applicant is given a notice under subsection (8). > > > (11) 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 (8), or > > > > > (b) the applicant is not notified of the outcome of the review within 28 days after the application for the review is lodged (or such other period as the relevant decision maker and person agree on). > > > (12) 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). > > > (13) This section applies to the exclusion of section 53 (Internal reviews) of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076). For the purposes of the application of that Act to the review of any decisions made under this section, any reference to an internal review of the decision under that Act is taken to be a reference to an internal review under this section. > > > (14) 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 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 192:** Am 2013 No 95, Sch 2.2 \[4\] \[5\].