39Agency may review certain decisions

##### 39 Agency may review certain decisions (1) An enactment may provide that applications may be made to the Agency for review of decisions specified in the enactment. (2) Where an enactment makes provision in accordance with subsection (1), the enactment: (a) shall specify the person or persons to whose decisions the provision applies; (b) may be expressed to apply to all decisions of a person, or to a class of such decisions; and (c) may specify conditions subject to which applications may be made. (3) Where an enactment makes provision in accordance with this section for the making of applications to the Agency for the review of decisions of a person made in the exercise of a power conferred on that person, that provision of that enactment applies also in relation to decisions made in the exercise of that power: (a) by any person to whom that power has been delegated; (b) in the case where the provision specifies the person by reference to his or her being the holder of a particular office or appointment—by any person for the time being acting in, or performing any of the duties of, that office or appointment; or (c) by any other person lawfully authorized to exercise that power. (4) Where an enactment makes provision in accordance with subsection (1) for the review of a decision, the enactment shall specify either: (a) that the decision may be reviewed under section 42; or (b) that the decision may be reviewed under section 43; and, if the enactment does not so specify, the enactment shall be deemed to specify that the decision may be reviewed under section 43. (5) The Agency has power to review any decision in respect of which application is made to it under any enactment. (6) For the purposes of an enactment that makes provision in accordance with this section for the making of applications to the Agency for review of decisions, a failure by a person to do an act or thing within the period prescribed by that enactment, or by another enactment having effect under that enactment, or by an industrial award as the period within which that person is required or permitted to do that act or thing shall be deemed to constitute the making of a decision by that person at the expiration of that period not to do that act or thing. (7) Where: (a) a person has made a decision in respect of which an application may be made to the Agency; (b) the person made the decision in the performance or purported performance of the duties of an office or appointment; and (c) the person no longer holds or performs the duties of the office or appointment; this Division has effect as if the decision had been made by: (d) the person for the time being holding or performing the duties of that office or appointment; or (e) if there is not a person for the time being holding or performing the duties of that office or appointment or the office no longer exists—such person as the Merit Protection Commissioner, or another member authorized by the Merit Protection Commissioner, specifies.