94Reconsideration of reviewable decision

94 Reconsideration of reviewable decision

(1) If a request is made under section 93 by an affected person for a reviewable decision, the decision‑maker must: (a) personally reconsider the decision to which the application relates; or (b) cause the decision to be reconsidered by a delegate of the decision‑maker who: (i) was not involved in making the decision; and (ii) occupies a position that is at least the same level as that occupied by the person who made the decision. The person who reconsiders the decision is the internal decision reviewer. (2) After reconsidering the reviewable decision, the internal decision reviewer must: (a) affirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision. (3) After the internal decision reviewer makes the reconsideration decision, the reviewer must give written notice of the following to the applicant: (a) the reconsideration decision; (b) the date that decision takes effect; (c) the reasons for that decision.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the applicant to be notified of the applicant’s review rights.

(4) If the reviewable decision is in relation to a direction under section 64 or 65 that is covered by a determination under subsection 67(2), the notice may impose conditions relating to the disclosure of information contained in the reasons for the decision. (5) A person commits an offence if: (a) the person is given a notice under subsection (3); and (b) the notice includes a condition relating to the disclosure of information; and (c) the person fails to comply with the condition.

Penalty: Imprisonment for 2 years.

Note: A person does not commit the offence if the disclosure is made for the purpose of seeking review or legal advice: see section 96.

(6) The internal decision reviewer is taken to have affirmed the reviewable decision if the reviewer does not give notice of the reconsideration decision to the applicant within 60 days after receiving the application. (7) The reconsideration decision is taken to have been made under the provision under which the reviewable decision was made other than for the purposes of section 93.