Part 9Review of decisions

Part 9—Review of decisions

9.1.1 The Commission must give written notice of a decision made under this Scheme (other than a decision under section 9.1.3) to: (a) if the decision relates to assistance for which a claim was made—the person who made the claim; or (b) in any other case: (i) the student who is seeking or receiving the assistance; and (ii) if the student is under 18 years old—all appropriate people in relation to the student.

Note: Section 16 of the Administrative Review Tribunal Rules 2024 sets out the matters to which the Commission must have regard in giving notice about a decision under this section.

9.1.2 A person to whom a notice is given under section 9.1.1 (the applicant) may apply to the Commission for a review of the decision (the original decision) not later than 3 months after the day the person receives the notice. 9.1.3 If an application is made under section 9.1.2, the Commission must: (a) confirm the original decision; or (b) set aside the original decision and make a substitute decision.

9.1.4 The Commission must review the original decision not later than:

(a) 3 months after the day the application is made; or
(b) if the applicant has agreed, in writing, to a later date—that date.

9.1.5 If the Commission has delegated its power under section 9.1.3 to a person, the person must not review the original decision if the decision was made by the person as a delegate of the Commission.

9.1.6 As soon as practicable after the Commission makes a decision under section 9.1.3, it must give the applicant written notice of the decision.

Note: Section 16 of the Administrative Review Tribunal Rules 2024 sets out the matters to which the Commission must have regard in giving notice about a decision under this section.

9.1.7 An application may be made to the Administrative Review Tribunal under the Administrative Review Tribunal Act 2024 for review of a decision made under section 9.1.3.

Note: Generally, a person has 28 days from the day the person is given written notice of decision to apply for review by the Administrative Review Tribunal (see subsection 5(3) of the Administrative Review Tribunal Rules 2024).