41Review of decisions of Commissioner

41 Review of decisions of Commissioner

(1)  An aggrieved person may apply to the Minister for a review of any of the following decisions:

(a) a decision to grant, or to refuse to grant, a prohibition certificate;

(b) a decision to grant, or to refuse to grant, an exemption certificate;

(c) a decision to accredit or reaccredit, or to refuse to accredit or reaccredit, a person as a mediator;

(d) a decision to suspend or revoke the accreditation of a mediator.

(2)  An application must –

(a) be in an approved form; and

(b) be lodged with the Minister within 20 business days (or such longer period as the Minister may allow) after the person was notified of the making of the decision concerned; and

(c) comply with such other requirements as may be prescribed by the regulations.

(3)  In considering an application, the Minister –

(a) may invite any person who, in the opinion of the Minister, may be affected by the outcome of the review to submit material for consideration; and

(b) is to consider any relevant material submitted by the applicant and any relevant material submitted by any other person in accordance with paragraph (a) .

(4)  In determining an application, the Minister may –

(a) affirm the decision; or

(b) vary the decision; or

(c) set aside the decision and make a decision in substitution for the decision that is set aside.

(5)  In determining an application, the Minister may exercise the same powers under this Act, or any other law, that the Commissioner had in making the decision that is the subject of the review.

(6)  The Minister is to give notification of the Minister’s decision in respect of an application to –