sec.245Internal review

sec.245 Internal review

The chief executive must, within 20 days after receiving an internal review application made under section 243 (the decision period )— conduct an internal review of the original decision; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision. The application may be dealt with only by a person who— did not make the original decision; and is in a more senior office than the person who made the original decision. Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the chief executive personally. If the chief executive does not make a decision under subsection (1) (b) within the decision period, the chief executive is taken to have made an internal review decision confirming the original decision. If the internal review decision confirms, or under subsection (4) or section 246 (4) , is taken to confirm, the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision. If the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision. (sec.245-ssec.1) The chief executive must, within 20 days after receiving an internal review application made under section 243 (the decision period )— conduct an internal review of the original decision; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision. (sec.245-ssec.2) The application may be dealt with only by a person who— did not make the original decision; and is in a more senior office than the person who made the original decision. (sec.245-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the chief executive personally. (sec.245-ssec.4) If the chief executive does not make a decision under subsection (1) (b) within the decision period, the chief executive is taken to have made an internal review decision confirming the original decision. (sec.245-ssec.5) If the internal review decision confirms, or under subsection (4) or section 246 (4) , is taken to confirm, the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision. (sec.245-ssec.6) If the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision.

• (a) conduct an internal review of the original decision; and
• (b) make a decision (the internal review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision.