Health Ombudsman Act 2013
sec.239Review decision
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sec.239 Review decision
The health ombudsman must, within 28 days after receiving the application— review the decision (the original decision ); and make a decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the applicant notice (the review notice ) of the review decision. If the review decision is not the decision sought by the applicant, the review notice must state the following— the day the notice is given to the applicant (the review notice day ); the reasons for the decision; that the applicant may appeal against the decision to the Magistrates Court within 28 days after the review notice day; how to appeal; that the applicant may apply to the Magistrates Court for a stay of the decision. If the health ombudsman does not give the review notice within the 28 days, the health ombudsman is taken to have made a review decision confirming the original decision. (sec.239-ssec.1) The health ombudsman must, within 28 days after receiving the application— review the decision (the original decision ); and make a decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the applicant notice (the review notice ) of the review decision. (sec.239-ssec.2) If the review decision is not the decision sought by the applicant, the review notice must state the following— the day the notice is given to the applicant (the review notice day ); the reasons for the decision; that the applicant may appeal against the decision to the Magistrates Court within 28 days after the review notice day; how to appeal; that the applicant may apply to the Magistrates Court for a stay of the decision. (sec.239-ssec.3) If the health ombudsman does not give the review notice within the 28 days, the health ombudsman is taken to have made a review decision confirming the original decision.
- (a) review the decision (the original decision ); and
- (b) make a decision (the review decision ) 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 applicant notice (the review notice ) of the review decision.
- (i) confirm the original decision; or
- (ii) amend the original decision; or
- (iii) substitute another decision for the original decision; and
- (a) the day the notice is given to the applicant (the review notice day );
- (b) the reasons for the decision;