5Review of decisions

5 Review of decisions

5.1 Internal review

5.1.1 If the Manager makes a decision under this Part, a person affected by the decision may, within 3 months of the date of notification of the decision or such longer period as determined by the General Manager, apply to the General Manager for review of that decision.

5.1.2 An application for internal review under 5.1.1 must be made in writing to the General Manager and must be accompanied by such information as the General Manager requires to enable the decision to be properly reviewed.

5.1.3 The General Manager may:

(a) affirm the original decision by the Manager; or
(b) make any decision that could be made by the Manager in accordance with this Part.

5.1.4 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review.

5.2 Review by the AAT

5.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager:

(a) under 5.1.3, in relation to an internal review of a decision of the Manager;
(b) to suspend a licence or restricted licence under provision 6.5.13; or
(c) to withdraw a pilotage provider’s Document of Compliance under provision 8.1.5.

5.2.2 The notice of a decision by the General Manager under 5.1.4, provision 6.5.13, or provision 8.1.5 must include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.

5.2.3 Failure to comply with 5.2.2 in relation to a decision does not affect the validity of that decision.