Higher Education Provider Guidelines 2023
49Internal review
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49 Internal review
(1) For the purposes of paragraph 19-66(2)(g) of the Act, a higher education provider may request the Secretary to reconsider a reviewable decision. (2) The higher education provider’s request must be in writing and given to the Secretary within 14 days, or such longer period as the Secretary allows, after the day on which the provider received the notice issued under subsection 41(1) or notice of the decision under subsections 45(1) or 47(1). (3) After receiving the request, the Secretary must reconsider the reviewable decision and: (a) confirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision. (4) Without limiting the obligation that the Secretary has under section 27A of the Administrative Appeals Tribunal Act 1975, the Secretary must give a notice of the Secretary’s decision (internal review decision) under subsection (3). (5) The notice under subsection (4): (a) must be given within 14 days after the internal review decision is made; and (b) must contain a statement of the reasons for the internal review decision; and (c) if the internal review decision relates to a notice issued under subsection 41(1) and the reviewable decision is varied or set aside and a new decision substituted, include a new notice under subsection 41(1) with a due date at least 30 days after the date the higher education provider is notified of the internal review decision. (6) For the purposes of paragraph 19-66(2)(g) of the Act, an application may be made to the Administrative Appeals Tribunal for the review of a decision that has been confirmed, varied or set aside under subsection (3).