Community Services Industry (Portable Long Service Leave) Act 2020
sec.92Application for internal review
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sec.92 Application for internal review
A person who is aggrieved by an original decision (an aggrieved person ) may apply to the authority for a review of the decision (an application for review ). The application for review must be— in the approved form; and made— if the original decision relates to information contained in a notice given to the aggrieved person under section 64 —within 6 months after the notice is given to the person; or if the original decision relates to an entry in the register of workers—at any time; or otherwise—within 45 days after a notice or an information notice for the decision is given; and supported by enough information to enable the authority to decide the application. However, if the authority is satisfied there are special circumstances, the authority may, before the end of the stated period mentioned in subsection (2) , extend the time for making the application. If the authority decides the employer of, or a worker for, the aggrieved person may have an interest in the application, the authority must give notice of the application (the review notice ) to the employer or worker (the recipient ). The review notice must state— any information provided under subsection (2) (c) ; and that submissions on the application may be made to the authority before a stated day at least 14 days after the notice is given to the recipient. If the recipient makes a submission, the authority must give a copy of the submission to the aggrieved person and allow the aggrieved person at least 7 days after the copy is given to make a further submission to the authority. An application for review of an original decision does not stay the decision. (sec.92-ssec.1) A person who is aggrieved by an original decision (an aggrieved person ) may apply to the authority for a review of the decision (an application for review ). (sec.92-ssec.2) The application for review must be— in the approved form; and made— if the original decision relates to information contained in a notice given to the aggrieved person under section 64 —within 6 months after the notice is given to the person; or if the original decision relates to an entry in the register of workers—at any time; or otherwise—within 45 days after a notice or an information notice for the decision is given; and supported by enough information to enable the authority to decide the application. (sec.92-ssec.3) However, if the authority is satisfied there are special circumstances, the authority may, before the end of the stated period mentioned in subsection (2) , extend the time for making the application. (sec.92-ssec.4) If the authority decides the employer of, or a worker for, the aggrieved person may have an interest in the application, the authority must give notice of the application (the review notice ) to the employer or worker (the recipient ). (sec.92-ssec.5) The review notice must state— any information provided under subsection (2) (c) ; and that submissions on the application may be made to the authority before a stated day at least 14 days after the notice is given to the recipient. (sec.92-ssec.6) If the recipient makes a submission, the authority must give a copy of the submission to the aggrieved person and allow the aggrieved person at least 7 days after the copy is given to make a further submission to the authority. (sec.92-ssec.7) An application for review of an original decision does not stay the decision.