169AEInternal review of reviewable decisions

169AE Internal review of reviewable decisions

(1) If an application for review of a reviewable decision is made under section 169AD to the ESOS agency for an affected provider, the agency must: (a) review the reviewable decision; or (b) cause the reviewable decision to be reviewed by a delegate of the agency: (i) who was not involved in making the decision; and (ii) who occupies a position that is at least the same level as that occupied by the delegate who made the decision. (2) The internal reviewer may: (a) affirm, vary or set aside the reviewable decision; and (b) if the internal reviewer sets aside the decision—make such other decision as he or she thinks appropriate. (3) The decision (the internal review decision) of the internal reviewer is taken (other than for the purposes of section 169AB) to have been made under the provision under which the reviewable decision was made. (4) The internal reviewer must, as soon as practicable after making the internal review decision, give the applicant a written notice containing: (a) the terms of the decision; and (b) the reasons for the decision; and (c) notice of the applicant’s right to have the decision reviewed by the Administrative Review Tribunal. (5) A failure to comply with subsection (4) does not affect the validity of the internal review decision.