10HReview of decisions

10H Review of decisions

(1) In this section:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Tribunal means the Administrative Appeals Tribunal.

(2) An organisation affected by a decision of the Minister: (a) under section 10AB refusing to approve the organisation as an approved operator of hostels; or (b) under section 10AC revoking the approval of the organisation as an approved operator of hostels; or (c) under subsection 10FAA(2) revoking or suspending the approval of a hostel or varying an agreement entered into under section 10FA in respect of a hostel; or (d) under section 10GC refusing to approve the organisation as an approved provider of community aged care services; or (e) under section 10GD revoking the approval of the organisation as an approved provider of community aged care services; or (f) under section 10GK revoking the approval of a grant of financial assistance to the organisation; or (g) under section 10GM, varying an agreement entered into under section 10GG; may apply, in writing, to the Minister for a reconsideration of that decision by the Minister. (3) The application must be made within 28 days after the organisation receives notice of the decision. (4) If the organisation applies for reconsideration of the decision, the Minister may affirm or revoke the decision or vary it as he or she thinks fit. (5) An application may be made to the Tribunal for review of a decision of the Minister under subsection (4). (6) Within 28 days after the Minister makes a decision of a kind referred to in subsection (4), the Minister must cause the following material to be given to the organisation: (a) a copy of the decision; (b) a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision; (c) a statement that, except where subsection 28(4) of that Act applies, the organisation may request a statement under section 28 of that Act. (7) Failure to comply with subsection (6) does not affect the validity of the Minister’s decision. (8) Without prejudice to the effect of the repeal of section 10AB, 10AC, 10FAA, 10GC, 10GD, 10GK or 10GM on a decision of the Minister of a kind referred to in subsection (1) of this section, that repeal does not affect: (a) a reconsideration of that decision under this section; or (b) any review by the Administrative Appeals Tribunal following an application under subsection (7) of this section.