28Applications to Tribunal for administrative reviews of decisions

#### 28 Applications to Tribunal for administrative reviews of decisions 28 Applications to Tribunal for administrative reviews of decisions > > (1) A person may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of any of the following decisions— > > > > > (a) a decision that is an administratively reviewable decision under section 193 of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075), section 36 of the [Adoption Information Act 1990](/view/html/repealed/current/act-1990-063), section 154 of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), or section 245 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), > > > > > (a1) a decision that is an administratively reviewable decision for external review under section 192 of the National Law Alignment Provisions (within the meaning of the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070)), > > > > > (b) a decision made by a person or body under the community welfare legislation where the legislation expressly provides that the decision is a reviewable decision for the purposes of this section, > > > > > (c) a decision made by a service provider not to take action recommended by the Ombudsman under section 26 of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) as a result of an investigation of a complaint under Part 4 of this Act, or to take part only of the action so recommended, > > > > > (d) a decision made by any State Minister, any Commonwealth Minister or any public authority, not being a relevant decision maker, if it is within a class of decisions that, with the consent of the Minister or public authority, is prescribed by the regulations for the purposes of this section. > > > (1A) A right of review relating to a decision of the kind referred to in subsection (1) (c) applies only to the person from whose complaint the recommendation referred to in that paragraph arose. Accordingly, only that person may apply to the Tribunal for a review of that decision. > > > (2) In this section— > > > > relevant decision maker means the following— > > > > > (a) the Minister, > > > > > (b) the Secretary of the Department of Communities and Justice, > > > > > (c) the Children’s Guardian appointed under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), > > > > > (d) (Repealed) > > > > > (e) a service provider (other than an authorised carer within the meaning of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157)). > > **s 28 (previously s 40):** Am 1996 No 30, Sch 1. Subst 1997 No 77, Sch 1.6 \[7\]; 2002 No 42, Sch 1 \[23\]. Renumbered 2002 No 42, Sch 1 \[29\]. Am 2011 No 70, Sch 2.8 \[2\]; 2013 No 95, Sch 2.37 \[4\] \[5\]; 2014 No 20, Sch 1 \[11\]; 2014 No 41, Sch 5.2 \[2\]; 2016 No 27, Sch 1.5 \[2\] \[3\]; 2019 No 25, Sch 5.13\[14\] \[15\]; 2022 No 35, Sch 2.1\[1\]; 2023 No 7, Sch 1.2\[3\].