20Decision to waive requirements of the Rules

20 Decision to waive requirements of the Rules

(1) The Secretary may decide to deem certain work to be eligible work in relation to an affected person if the Secretary is satisfied it is reasonable to do so in relation to an affected person. (2) For the purposes of this Part, a person is an affected person if the person: (a) is or was a bonded participant; and (b) the affected person completes work on the basis that the Department has erroneously advised the affected person that such work would be eligible work. (3) An affected person may apply to the Secretary for work to be deemed as eligible work in relation to the affected person. The application must: (a) be made in writing; and (b) set out the circumstances that apply in relation to the affected person; and (c) set out how and when the affected person realised there was an error; and (d) be accompanied by written evidence of the error caused by the Department. (4) If an affected person makes an application under subsection (3), the Secretary must make a decision under subsection (1) whether or not to deem any or all of the work that is the subject of the application to be eligible work in relation to the affected person. (4) If the Secretary makes a decision under subsection (1) that work is deemed to be eligible work in relation to an affected person, the Secretary must give the affected person written notice of which work is eligible work for the affected person. (5) If the Secretary makes a decision under subsection (1) that work is not eligible work in relation to the affected person, the decision under subsection (1) in relation to the affected person, the Secretary must give the applicant written notice of the following: (a) the decision to refuse to make the determination; (b) the reasons for the decision; (c) how the applicant may apply for review of the decision. (6) A decision under subsection (1) may be initiated by the Secretary, without an application by an affected person.