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Military Rehabilitation and Compensation Act 2004
350Reconsideration
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350 Reconsideration
(1) The Commission must, as soon as practicable after receiving a request to reconsider an original determination under section 349, reconsider the original determination.
(1A) If an application has been made under subsection 354(1) for review of the original determination, section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the original determination if:
(a) the application is referred to the guidance and appeals panel under section 122 of that Act; or
(b) a guidance and appeals panel application is taken to be made because the Administrative Review Tribunal’s decision on the review is referred to the guidance and appeals panel under section 128 of that Act.
(2) The Commission may, subject to subsection (1A), make a determination revoking, confirming or varying the original determination.
(3) The Commission must ensure that, if the original determination was made by a delegate and reconsideration of the determination is also to be made by a delegate, the reconsideration is done by a delegate who was not involved in making the original determination.