Part 9Review and appeal

Part 9—Review and appeal 71—Internal review of certain decisions of Board (1) This section applies to the following decisions of the Board: (a) a refusal by the Board to register, or reinstate the registration of, a school under this Act; (b) a refusal by the Board to endorse the registration of a school under section 49; (c) the removal by the Board of an endorsement of registration under section 50(3); (d) the imposition by the Board of conditions on a school's registration or endorsement of registration under this Act (other than where the conditions were imposed under Part 7); (e) any other decision of a kind prescribed by the regulations. (2) A school or person who is the subject of a decision to which this section applies (the original decision) may apply to the Board for a review of the decision. (3) An application under subsection (2)— (a) must be made in a manner and form determined by the Board; and (b) unless the Board allows otherwise, must be made within 14 days after— (i) if the school or person was notified of the original decision in accordance with this Act—the day on which the school or person was so notified; or (ii) if the school or person was not notified of the original decision in accordance with this Act—the school or person becomes aware of the decision. (4) The member of the Board or person who conducts the review must not have been involved in, or in relation to, the original decision. (5) The person conducting the review may ask the applicant for further information. (6) A review must be conducted within 30 days after the application is made. (7) However, the period specified in subsection (6) may be extended by up to 30 days— (a) if a request for further information is made under subsection (5); or (b) by agreement between the applicant and the Board. (8) On completion of a review, the Board— (i) confirm the original decision; or (ii) vary the original decision; or (iii) quash the original decision and substitute any decision that the Board could have made in the first instance; and (b) must, as soon as is reasonably practicable, give the applicant written notice of the results of the review setting the reasons for the Board's decision under paragraph (a). Division 2—Appeal 72—Right of appeal to District Court (1) An appeal lies to the District Court against— (a) a refusal by the Board to register, or reinstate the registration of, a school under this Act; or (b) a refusal by the Board to endorse the registration of a school under section 49; or (c) the removal by the Board of an endorsement of registration under section 50(3); or (d) the imposition by the Board of conditions on a school's registration or endorsement of registration under this Act; or (e) a decision made by the Board in proceedings under Part 7. (2) An appeal under subsection (1)(e) against a decision may be instituted— (a) in the case of a decision made in disciplinary proceedings—by the complainant or the respondent in the proceedings in which the decision was made; (b) in the case of a decision under section 66—by the applicant or a person entitled to be heard in the proceedings. (3) An appeal must be instituted— (a) if the decision is the subject of a review under section 71—within 28 days after written notice is given to the applicant under section 71(8); or (b) in any other case—within 28 days after the date of the decision appealed against. 73—Operation of order may be suspended (1) If an order has been made by the Board, and the Board or the District Court is satisfied that an appeal against the order has been instituted, or is intended, the Board or District Court (as the case requires) may suspend the operation of the order until the determination of the appeal. (2) If the Board has suspended the operation of an order under subsection (1), the Board may terminate the suspension, and if the District Court has done so, the District Court may terminate the suspension. 74—Variation or revocation of conditions imposed by District Court (1) The District Court may, on application by a registered school, vary or revoke a condition imposed by the District Court in relation to the registration of the school. (2) The Board and the Minister are entitled to appear and be heard on an application under this section.