120Reconsideration by reviewer

120 Reconsideration by reviewer

(1) If a person applies under subsection 119(1) to the reviewer for a reviewable decision for reconsideration of the decision, the reviewer must reconsider the decision and do any of the following: (a) affirm the decision; (b) vary the decision; (c) revoke the decision and substitute a new decision. (2) The reviewer’s decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made. (3) The reviewer must give the applicant a written notice stating the reviewer’s decision on the reconsideration. (4) Within 28 days after making the decision on the reconsideration, the reviewer must give the applicant a written statement of the reviewer’s reasons for the decision. (5) If the reviewer’s functions under this section are performed by a delegate of the reviewer, the delegate who reconsiders the reviewable decision: (a) must not have been involved in making the reviewable decision; and (b) must hold a position, or perform duties, of at least the same level as the delegate who made the reviewable decision.

Note: The Commissioner may delegate functions and powers to members of staff (see section 50). The Minister may delegate functions and powers to the Commissioner (see section 137A).