Disability Services Act 2006
sec.138ZVInternal review
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sec.138ZV Internal review
The chief executive must, within 28 days after receiving an application for internal review of a reviewable decision— review the reviewable decision; and decide to— confirm the reviewable decision; or substitute another decision for the reviewable decision; and give the affected person for the reviewable decision a QCAT information notice for the chief executive’s decision. The chief executive may give the affected person notice extending, for a further 28 days, the period for the chief executive to comply with subsection (1) . The application may be dealt with only by a person who— did not make the reviewable decision; and holds a more senior office than the person who made the reviewable decision. Subsection (3) does not apply to a reviewable decision made by the chief executive personally. If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period notified under subsection (2) , the chief executive is taken to confirm the reviewable decision. s 138ZV ins 2020 No. 39 s 11 (sec.138ZV-ssec.1) The chief executive must, within 28 days after receiving an application for internal review of a reviewable decision— review the reviewable decision; and decide to— confirm the reviewable decision; or substitute another decision for the reviewable decision; and give the affected person for the reviewable decision a QCAT information notice for the chief executive’s decision. (sec.138ZV-ssec.2) The chief executive may give the affected person notice extending, for a further 28 days, the period for the chief executive to comply with subsection (1) . (sec.138ZV-ssec.3) The application may be dealt with only by a person who— did not make the reviewable decision; and holds a more senior office than the person who made the reviewable decision. (sec.138ZV-ssec.4) Subsection (3) does not apply to a reviewable decision made by the chief executive personally. (sec.138ZV-ssec.5) If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period notified under subsection (2) , the chief executive is taken to confirm the reviewable decision.
- (a) review the reviewable decision; and
- (b) decide to— (i) confirm the reviewable decision; or (ii) substitute another decision for the reviewable decision; and
- (i) confirm the reviewable decision; or
- (ii) substitute another decision for the reviewable decision; and
- (c) give the affected person for the reviewable decision a QCAT information notice for the chief executive’s decision.
- (i) confirm the reviewable decision; or
- (ii) substitute another decision for the reviewable decision; and
- (a) did not make the reviewable decision; and