sec.91Reconsideration of original decision of authority

sec.91 Reconsideration of original decision of authority

A person who is aggrieved by an original decision of the authority (an aggrieved person ) may apply for a reconsideration of the decision (an application for reconsideration ). The application must— be made in the approved form to the authority— if the original decision relates to information contained in a notice given to the aggrieved person under section 67 (2) —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 the original decision is made or given; and be 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 decide the time for applying for a reconsideration be changed to a later stated time. If the authority decides the employer or a worker of the aggrieved person may have an interest in the application, the authority must give notice of the application (the reconsideration notice ) and supporting documents to the employer or worker (the recipient ). The reconsideration notice must inform the recipient that submissions on the application may be made to the authority before a stated day at least 14 days after the application is made to the authority. If the recipient makes a submission on the application, the authority must provide a copy of the submission to the aggrieved person and allow the aggrieved person at least 7 days after the copy is given to the aggrieved person to make a further submission to the authority. Within 45 days after receiving the application, the authority must— review the original decision; and consider the application and any submissions properly made; and make a decision (the reconsidered 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 about the reconsidered decision to the aggrieved person and any recipient of a reconsideration notice. However, the authority is taken to have refused the application for reconsideration if, within 45 days after receiving the application, the authority— does not give the aggrieved person an information notice about the reconsidered decision; and has not asked the aggrieved person for further information about the reconsideration. If the authority asks for further information about the reconsideration and does not give the aggrieved person an information notice about the reconsidered decision, the authority is not taken to have refused the application for reconsideration until 60 days after the authority receives the application. An application for a reconsideration of an original decision does not stay the decision. Despite the Acts Interpretation Act 1954 , section 27A , 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.91-ssec.1) A person who is aggrieved by an original decision of the authority (an aggrieved person ) may apply for a reconsideration of the decision (an application for reconsideration ). (sec.91-ssec.2) The application must— be made in the approved form to the authority— if the original decision relates to information contained in a notice given to the aggrieved person under section 67 (2) —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 the original decision is made or given; and be supported by enough information to enable the authority to decide the application. (sec.91-ssec.3) However, if the authority is satisfied there are special circumstances, the authority may decide the time for applying for a reconsideration be changed to a later stated time. (sec.91-ssec.4) If the authority decides the employer or a worker of the aggrieved person may have an interest in the application, the authority must give notice of the application (the reconsideration notice ) and supporting documents to the employer or worker (the recipient ). (sec.91-ssec.5) The reconsideration notice must inform the recipient that submissions on the application may be made to the authority before a stated day at least 14 days after the application is made to the authority. (sec.91-ssec.6) If the recipient makes a submission on the application, the authority must provide a copy of the submission to the aggrieved person and allow the aggrieved person at least 7 days after the copy is given to the aggrieved person to make a further submission to the authority. (sec.91-ssec.7) Within 45 days after receiving the application, the authority must— review the original decision; and consider the application and any submissions properly made; and make a decision (the reconsidered 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 about the reconsidered decision to the aggrieved person and any recipient of a reconsideration notice. (sec.91-ssec.8) However, the authority is taken to have refused the application for reconsideration if, within 45 days after receiving the application, the authority— does not give the aggrieved person an information notice about the reconsidered decision; and has not asked the aggrieved person for further information about the reconsideration. (sec.91-ssec.9) If the authority asks for further information about the reconsideration and does not give the aggrieved person an information notice about the reconsidered decision, the authority is not taken to have refused the application for reconsideration until 60 days after the authority receives the application. (sec.91-ssec.10) An application for a reconsideration of an original decision does not stay the decision. (sec.91-ssec.11) Despite the Acts Interpretation Act 1954 , section 27A , 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.