Community Services Industry (Portable Long Service Leave) Act 2020
sec.93Internal review of original decision
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sec.93 Internal review of original decision
Within 45 days after receiving the application for review, the authority must— review the original decision; and consider the application and any submissions properly made; and make a decision (the reviewed decision ) to— confirm or revoke the original decision; or vary the original decision in a way the authority considers appropriate; and give an information notice for the reviewed decision to the aggrieved person and any recipient of a review notice for the application. However, the authority is taken to have refused the application for review if, within 45 days after receiving the application, the authority— does not give the aggrieved person an information notice for the reviewed decision; and has not asked the aggrieved person for further information about the application. If the authority asks for further information about the review and does not give the aggrieved person an information notice for the reviewed decision, the authority is not taken to have refused the application for review until 60 days after the authority receives the application. The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision. A defect in the information notice does not affect the person’s right to appeal in relation to the matters dealt with in the information notice. (sec.93-ssec.1) Within 45 days after receiving the application for review, the authority must— review the original decision; and consider the application and any submissions properly made; and make a decision (the reviewed decision ) to— confirm or revoke the original decision; or vary the original decision in a way the authority considers appropriate; and give an information notice for the reviewed decision to the aggrieved person and any recipient of a review notice for the application. (sec.93-ssec.2) However, the authority is taken to have refused the application for review if, within 45 days after receiving the application, the authority— does not give the aggrieved person an information notice for the reviewed decision; and has not asked the aggrieved person for further information about the application. (sec.93-ssec.3) If the authority asks for further information about the review and does not give the aggrieved person an information notice for the reviewed decision, the authority is not taken to have refused the application for review until 60 days after the authority receives the application. (sec.93-ssec.4) The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision. (sec.93-ssec.5) A defect in the information notice does not affect the person’s right to appeal in relation to the matters dealt with in the information notice.
- (a) review the original decision; and