100Reconsideration of complaints reviewable decision

#### 100 Reconsideration of complaints reviewable decision (1) If a request is made under section 99 by an interested person for a complaints reviewable decision, the Commissioner must: (a) personally reconsider the decision; or (b) cause the decision to be reconsidered by a delegate of the Commissioner: (i) who was not involved in making the decision; and (ii) who occupies a position that is at least the same level as that occupied by the person who made the decision. Reconsideration decision (2) After reconsidering the complaints reviewable decision, the internal reviewer must: (a) affirm the decision; or (b) set the decision aside and decide to undertake a resolution process (the new resolution process) under Part 2 in relation to an issue raised in the complaint to which the complaints reviewable decision relates. (3) After the internal reviewer makes the reconsideration decision, the internal reviewer must, within 56 days after the request was received, give the interested person for the complaints reviewable decision written notice of: (a) the reconsideration decision; and (b) the reasons for the decision. New resolution process (4) If the internal reviewer decides to undertake the new resolution process, the internal reviewer must complete that process within 126 days after the request was received (the resolution period). (5) However, the internal reviewer may, before the end of the resolution period, decide to extend that period by a further 14 days. (6) If the internal reviewer extends the resolution period under subsection (5), the internal reviewer must, before the end of that period, give the complainant (if any) for the complaint, and the relevant provider for the issue raised in the complaint, written notice of: (a) the decision; and (b) the reasons for the decision. (7) If the internal reviewer decides to end the new resolution process under section 17, the decision is not a reviewable Commissioner decision for the purposes of section 98 unless: (a) the decision to end the new resolution process is made under paragraph 17(1)(c); and (b) the relevant complaints reviewable decision that was set aside under paragraph (2)(b) of this section was a decision made under section 17 (other than paragraph 17(1)(c)).