Aged Care Act 2024
564Reconsideration decision etc.
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564 Reconsideration decision etc.
(1) After reconsidering a reviewable decision under section 560 or 562, an internal decision reviewer must:
(a) affirm the reviewable decision; or
(b) vary the reviewable decision; or
(c) set the reviewable decision aside and substitute a new decision.
(2) The decision made by the internal decision reviewer is the reconsideration decision.
(3) After the internal decision reviewer makes the reconsideration decision, the internal decision reviewer must give written notice of the following to each affected entity for the reviewable decision:
(a) the reconsideration decision;
(b) the day the reconsideration decision was made;
(c) the reasons for the reconsideration decision;
(d) details of the affected entity’s right to apply to the Administrative Review Tribunal for review of the reconsideration decision.
(4) The reconsideration decision takes effect:
(a) on the day the reconsideration decision was made; or
(b) if the notice given under subsection (3) specifies a day as the day the reconsideration decision takes effect—that day.
(5) If the internal decision reviewer is the Commissioner or Complaints Commissioner, or a delegate of the Commissioner or Complaints Commissioner, the internal decision reviewer must, as soon as practicable, give the System Governor a copy of the notice under subsection (3).
(6) The reconsideration decision has effect (except for the purposes of section 556, 557 and 558) as if it had been made under the provision under which the reviewable decision was made.