464General provisions about appeal or review

464 General provisions about appeal or review

464 General provisions about appeal or review

(1) If a decision under this Law relating to a person can be the subject of an appeal or review, the decision-maker must (except in circumstances referred to in the Uniform Rules) ensure the person is given a notice as soon as practicable stating—

(a) the decision; and

(b) the reasons for the decision; and

(c) the rights of appeal or review available to the person in respect of the decision and the period within which any such appeal or review must be made or applied for.

(2) A failure to comply with subsection (1) does not affect the validity of the decision concerned.

(3) For the purposes of the provisions of this Law relating to a right of appeal or review about a decision, a failure of the decision-maker to make a decision on a person’s application within a period specified in the Uniform Rules for the purposes of this section is taken to be a decision (the constructive decision) to refuse the application.

(4) However, the decision-maker may make a decision (the late decision) on the person’s application after that period if the decision-maker is satisfied that—

(a) no appeal or application for review has been made about the constructive decision; or

(b) an appeal or application for review has been made about the constructive decision but the appeal or application has been withdrawn; or

(c) the late decision would be to the person’s benefit.

(5) The late decision is as valid as if it had been made during that period.