75Reconsideration by responsible person

75 Reconsideration by responsible person

(1) If a person makes an application under section 74 to the responsible person for a reviewable decision, the responsible person must: (a) reconsider the decision; and (b) affirm, vary or revoke the decision. (2) The responsible person’s decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made. (3) The responsible person must give the applicant a written notice stating the responsible person’s decision on the reconsideration. (4) Within 28 days after making the decision on reconsideration, the responsible person must give the applicant a written statement of the responsible person’s reasons for the decision. (5) If the responsible person’s functions under this section are performed by a delegate of the responsible person, the delegate who reconsiders the reviewable decision: (a) must not have been involved in making the reviewable decision; and (b) must hold a position, or perform duties, of at least the same level as the delegate who made the reviewable decision.

Note: The Secretary may delegate functions and powers to certain APS employees in the Department (see section 83).