sec.209Approved provider may apply for review of decision to give a compliance notice

sec.209 Approved provider may apply for review of decision to give a compliance notice

This section applies if an approved provider is given a compliance notice by an authorised officer. The approved provider may apply in writing to have the decision reviewed by the chief executive within 14 days of receiving the notice. The application must include enough information to enable the chief executive to decide the application. However, if the chief executive considers he or she needs further information to decide the application, the chief executive may ask for the information. The chief executive must review the decision within 30 days after receiving the application and confirm the decision or revoke the compliance notice. The chief executive may extend the period mentioned in subsection (5) by up to 30 days— if a request for further information is made under subsection (4) ; or by agreement between the chief executive and the applicant. The chief executive must notify the approved provider in writing of the chief executive’s decision on the review as soon as practicable after making the decision. If the chief executive decides to confirm the decision, the notice under subsection (7) must state the reasonable time within which the approved provider must remedy the contravention stated in the compliance notice. The chief executive must ensure that the application for review of the decision to give the compliance notice is not dealt with by— the authorised officer who gave the notice; or a person in a less senior position than the authorised officer. (sec.209-ssec.1) This section applies if an approved provider is given a compliance notice by an authorised officer. (sec.209-ssec.2) The approved provider may apply in writing to have the decision reviewed by the chief executive within 14 days of receiving the notice. (sec.209-ssec.3) The application must include enough information to enable the chief executive to decide the application. (sec.209-ssec.4) However, if the chief executive considers he or she needs further information to decide the application, the chief executive may ask for the information. (sec.209-ssec.5) The chief executive must review the decision within 30 days after receiving the application and confirm the decision or revoke the compliance notice. (sec.209-ssec.6) The chief executive may extend the period mentioned in subsection (5) by up to 30 days— if a request for further information is made under subsection (4) ; or by agreement between the chief executive and the applicant. (sec.209-ssec.7) The chief executive must notify the approved provider in writing of the chief executive’s decision on the review as soon as practicable after making the decision. (sec.209-ssec.8) If the chief executive decides to confirm the decision, the notice under subsection (7) must state the reasonable time within which the approved provider must remedy the contravention stated in the compliance notice. (sec.209-ssec.9) The chief executive must ensure that the application for review of the decision to give the compliance notice is not dealt with by— the authorised officer who gave the notice; or a person in a less senior position than the authorised officer.