24Administrative review of decisions by Civil and Administrative Tribunal

#### 24 Administrative review of decisions by Civil and Administrative Tribunal 24 Administrative review of decisions by Civil and Administrative Tribunal > > (1) A person who is aggrieved with a decision under this Act or the regulations relating to a licence or security clearance may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision. > > > (2) For the purposes of this section, an application for the grant of a licence or security clearance is taken to have been refused if the licence or security clearance is not granted within 60 days (or such other period as is prescribed by the regulations) after the application was duly made. > > > (3) An application under subsection (1) must be made within 28 days after the directly aggrieved person is notified of the decision (or in a case of the kind referred to in subsection (2), within 28 days after the expiry of the 60-day period referred to in that subsection). > > > (4) Section 48 (Notice of decision and review rights to be given by administrators) of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) is taken to require notification of a decision to be made only to a directly aggrieved person. > > > (5) (Repealed) > > > (6) If an application is made to the Tribunal under subsection (1) by an aggrieved person who is not a directly aggrieved person, the Tribunal must notify the directly aggrieved person of the application (or may order the regulatory authority to notify the person of the application) as soon as is reasonably practicable after the application is made. > > > (7) In addition to the restrictions set out in section 61 (Restrictions on ordering stay of proceedings) of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076), the Tribunal may not make an order under section 60 (Operation and implementation of decisions pending applications for administrative review) of that Act relating to a decision to suspend or cancel a person’s licence or security clearance unless the Tribunal is satisfied that the person does not present a risk to the health or safety of any other person. > > > (8) Without limiting section 44 (Parties and intervention) of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002), the Tribunal may do either or both of the following— > > > > > (a) join an aggrieved person as a party to proceedings in the Tribunal brought by any other aggrieved person in respect of the same decision, > > > > > (b) allow an aggrieved person to make submissions to the Tribunal concerning a decision under review in proceedings brought by another aggrieved person and take those submissions into account in determining the proceedings. > > > (9) In this section— > > > > aggrieved person, in relation to a decision relating to a licence or security clearance, means— > > > > > (a) a directly aggrieved person, or > > > > > (b) any other person aggrieved by the decision as referred to in subsection (1). > > > > directly aggrieved person, in relation to a decision relating to a licence or security clearance, means— > > > > > (a) the person who holds (or held) the licence or security clearance, or > > > > > (b) a person who has applied for the licence or security clearance. > > **s 24:** Am 2008 No 77, Sch 2.6; 2013 No 81, Sch 1 \[21\] \[22\]; 2013 No 95, Sch 2.56 \[1\]–\[4\].