CTHRepealedAct
Employment Services Act 1994
166Reconsideration of reviewable decisions
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#### 166 Reconsideration of reviewable decisions
Request for reconsideration
(1) An entity who is affected by a reviewable decision may, if dissatisfied with the decision, request ESRA to reconsider the decision.
> Note: Reviewable decision is defined by section 165.
How request must be made
(2) The request must be made by written notice given to ESRA within the period of 21 days after the day on which the entity first receives notice of the decision, or within such further period as ESRA allows.
> Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this subsection.
Request must set out reasons
(3) The request must set out the reasons for making the request.
ESRA to reconsider decision
(4) Upon receipt of the request, ESRA must reconsider the decision and may, subject to subsection (5), confirm or revoke the decision or vary the decision in such manner as ESRA thinks fit.
Deemed confirmation of decision if delay
(5) If ESRA does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which ESRA received the request under subsection (1) to reconsider the decision, ESRA is taken, at the end of that period, to have confirmed the decision under subsection (4).
Notice of ESRA’s action
(6) If ESRA confirms, revokes or varies a decision before the end of the period referred to in subsection (5), ESRA must give written notice to the entity telling the entity:
(a) the result of the reconsideration of the decision; and
(b) the reasons for confirming, varying or revoking the decision, as the case may be.
> Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this subsection.