QLDIn ForceAct
Fisheries Act 1994
sec.191Internal review
Start here
Get a plain-English read of sec.191
Turn the raw legal text into a practical explanation grounded in Fisheries Act 1994.
### sec.191 Internal review
The chief executive must, within 20 days after receiving an application for internal review of an original decision—
review the original decision; and
decide to—
confirm the original decision; or
amend the original decision; or
substitute another decision for the original decision; and
give the affected person for the original decision a QCAT information notice for the chief executive’s decision under paragraph (b) .
The chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection.
The application may be dealt with only by a person who—
did not make the original decision; and
holds a more senior office than the person who made the original decision.
Subsection (3) does not apply to an original decision made by the chief executive personally.
If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the chief executive is taken to confirm the original decision.
s 191 pres s 191 om 2009 No. 24 s 517
pres s 191 ins 2019 No. 6 s 63
(sec.191-ssec.1) The chief executive must, within 20 days after receiving an application for internal review of an original decision— review the original decision; and decide to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the affected person for the original decision a QCAT information notice for the chief executive’s decision under paragraph (b) .
(sec.191-ssec.2) The chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection.
(sec.191-ssec.3) The application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than the person who made the original decision.
(sec.191-ssec.4) Subsection (3) does not apply to an original decision made by the chief executive personally.
(sec.191-ssec.5) If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the chief executive is taken to confirm the original decision.
- (a) review the original decision; and
- (b) decide to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and
- (i) confirm the original decision; or
- (ii) amend the original decision; or
- (iii) substitute another decision for the original decision; and
- (c) give the affected person for the original decision a QCAT information notice for the chief executive’s decision under paragraph (b) .
- (i) confirm the original decision; or
- (ii) amend the original decision; or
- (iii) substitute another decision for the original decision; and
- (a) did not make the original decision; and
- (b) holds a more senior office than the person who made the original decision.