76Internal reviews by Chief Executive Officer for disqualifying

76 Internal reviews by Chief Executive Officer for disqualifying offences (1) This section applies to a person if: (a) under section 9, the Director refuses the person's application for an accreditation or the renewal of an accreditation because the person (or a responsible person for a body corporate) has been convicted of a disqualifying offence; or (b) under section 75A, the Director cancels the person's accreditation because the person (or a responsible person for a body corporate) has been convicted of a disqualifying offence; or (c) under section 75B, the Director suspends the person's accreditation because the person (or a responsible person for a body corporate) has been charged with a disqualifying offence. (2) The person may request the Chief Executive Officer to conduct an internal review of the decision and determine whether there are any exceptional circumstances that warrant the person holding, or continuing to hold, an accreditation despite the conviction or charge. (3) The request must: (a) be made within 28 days after the person receives notice of the Director's decision; and (b) state the circumstances the person considers to be exceptional as referred to in subsection (2). (4) On the internal review, the Chief Executive Officer must: (a) confirm the Director's decision; or (b) revoke the Director's decision.

Commercial Passenger (Road) Transport Act 1991 58 (5) The Chief Executive Officer must give the person written notice of the Chief Executive Officer's decision and the reasons for it. (6) A decision of the Chief Executive Officer under subsection (4)(b) is taken to be part of the decision made by the Director for the purposes of: (a) an application to NTCAT under section 77(3) for review of the Director's decision; and (b) the application of the provisions of the Northern Territory Civil and Administrative Tribunal Act 2014 on a review of the Director's decision. (8) On and after the revocation of the cancellation or suspension by the Chief Executive Officer, the person's accreditation is taken to be in force again. (9) If the Chief Executive Officer acts with reasonable timeliness in relation to the internal review of the cancellation or suspension of a person's accreditation, the Territory is not liable for any loss or damage suffered by the person because of the cancellation or suspension. (10) If: (a) the Chief Executive Officer revokes the Director's decision to refuse an application referred to in subsection (1)(a); and (b) the Director did not refuse the application under section 9(3)(a), (b)(ii), (c)(ii) or (d); the Chief Executive Officer must substitute the Director's decision for the application and direct the Director to accredit the person or renew the person's accreditation (as the case requires). (11) The Director must comply with the request as soon as possible. (12) The Chief Executive Officer may make procedural guidelines for internal reviews under this section.