Education (General Provisions) Act 2006
sec.392Review decision
Start here
Get a plain-English read of sec.392
Turn the raw legal text into a practical explanation grounded in Education (General Provisions) Act 2006.
sec.392 Review decision
Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by— the person who made the original decision; or a person in a less senior office in the department than the person who made the original decision. Within 40 school days after the making of the application, the chief executive must review the original decision and make a decision (the review decision )— confirming the original decision; or amending the original decision; or substituting another decision for the original decision. The chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant. The chief executive must, as soon as practicable after making the review decision, give the applicant notice of the review decision. If the review decision is not the decision sought by the applicant, the notice must comply with the QCAT Act , section 157 (2) . s 392 amd 2009 No. 24 s 158 (sec.392-ssec.1) Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by— the person who made the original decision; or a person in a less senior office in the department than the person who made the original decision. (sec.392-ssec.2) Within 40 school days after the making of the application, the chief executive must review the original decision and make a decision (the review decision )— confirming the original decision; or amending the original decision; or substituting another decision for the original decision. (sec.392-ssec.3) The chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant. (sec.392-ssec.4) The chief executive must, as soon as practicable after making the review decision, give the applicant notice of the review decision. (sec.392-ssec.5) If the review decision is not the decision sought by the applicant, the notice must comply with the QCAT Act , section 157 (2) .
- (a) the person who made the original decision; or
- (b) a person in a less senior office in the department than the person who made the original decision.
- (a) confirming the original decision; or
- (b) amending the original decision; or
- (c) substituting another decision for the original decision.