89Internal review of decisions

89  Internal review of decisions

Application for review

 (1) A person whose interests are affected by a reviewable decision may request a reconsideration of the decision.

 (2) The request must:

 (a) be in writing; and

 (b) set out the reasons for the request; and

 (c) be given to the Secretary within 28 days after the day the person first received the notice of the reviewable decision.

Review of decision

 (3) The Secretary must, as soon as practicable after receiving the request, arrange for a person (the internal reviewer) to review the reviewable decision.

 (4) The internal reviewer must be:

 (a) for a decision of the Secretary:

 (i) if the Secretary made the reviewable decision personally—a delegate of the Secretary who was not involved in making the reviewable decision and who is an SES employee or acting SES employee in the Department; or

 (ii) in any other case—the Secretary personally, or a delegate of the Secretary who was not involved in making the reviewable decision and who is an SES employee or acting SES employee in the Department; and

 (b) for a decision of an airport environment officer—an SES employee or acting SES employee in the Department who was not involved in making the reviewable decision.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

 (5) The internal reviewer may:

 (a) affirm, vary or set aside the reviewable decision; and

 (b) if the reviewer sets aside the reviewable decision—make such other decision as the internal reviewer thinks appropriate.

 (6) The internal reviewer must make a decision (the internal review decision) under subsection (5) within 120 days after the request for the internal review is received.

 (7) The internal review decision takes effect:

 (a) on the day specified in the internal review decision; or

 (b) if a day is not specified—on the day the internal review decision is made.