CTHRepealedLegislation
Aged Care Quality and Safety Commission Rules 2018
133Pending applications for reconsideration of decisions relating to complaints
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#### 133 Pending applications for reconsideration of decisions relating to complaints
(1) This section applies in relation to an application made under subsection 22(1) or (3) of the Complaints Principles for the reconsideration of a decision (the original decision) if:
(a) the application was made before the transition time; and
(b) immediately before that time, the application has not been finally dealt with by the Complaints Commissioner.
(2) The application is taken, after the transition time, to be a request made to the Commissioner under section 99 of this instrument and may be dealt with, or may continue to be dealt with, under Part 7 of this instrument as if:
(a) the original decision were a complaints reviewable decision; and
(b) the applicant were the interested person for the complaints reviewable decision.
(3) If:
(a) before the transition time, the Complaints Commissioner decided to undertake a new resolution process under paragraph 23(1)(b) of the Complaints Principles in relation to the application; and
(b) immediately before that time, the new resolution process has not been completed in accordance with section 23 of those Principles;
the Commissioner may, after that time, complete that resolution process in accordance with Part 2, and section 100, of this instrument.
(4) If, before the transition time, a thing was done by the Complaints Commissioner in relation to the application, then the thing has effect, after that time, as if it had been done by the Commissioner.