81Internal review

81 Internal review

(1) The reviewer of a reviewable decision may review the decision if satisfied that there is sufficient reason to do so. (2) The reviewer may review the decision: (a) whether or not any person has applied for review of the decision; and (b) even if an application has been made to the Administrative Review Tribunal for review of the decision. (2A) However, if an application has been made to the Administrative Review Tribunal for review of the decision, section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the decision if: (a) the application is referred to the guidance and appeals panel under section 122 of that Act; or (b) a guidance and appeals panel application is taken to be made because the Administrative Review Tribunal’s decision on the review is referred to the guidance and appeals panel under section 128 of that Act. (3) After reviewing the decision, the reviewer must, subject to subsection (2A): (a) affirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires notice of a decision and review rights to be given to persons whose interests are affected by the decision. Section 80 of this Act requires reasons for the decision to be included.

(4) The reviewer’s decision (the decision on review) to affirm, vary or set aside the decision takes effect: (a) on the day specified in the decision on review; or (b) if a day is not specified—on the day on which the decision on review was made.