Military Superannuation and Benefits Trust Deed
76Reconsideration of decisions made by delegates
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76 Reconsideration of decisions made by delegates
(1) A person who is affected by a decision of a delegate of CSC may apply to CSC for reconsideration of the decision within: (a) a period of 30 days after the day on which the person was notified of the decision; or (b) a longer period that, because of special circumstances, CSC or a Committee allows, either during or after the 30 days period. (2) An application may be: (a) in writing addressed to CSC and setting out the particulars of the decision that the person wishes to be reconsidered; or (b) in any other form that is acceptable to CSC. (3) CSC must refer the decision to which an application relates to a Committee. (4) CSC may also, on its own motion, refer a decision of a delegate to a Committee. (5) If CSC requests the Committee, under subparagraph 74(1)(b)(i), to make recommendations to CSC, CSC must, after receiving the Committee’s recommendations: (a) take into account the recommendations and any other matter that CSC considers relevant; and (b) affirm or vary the decision, or set the decision aside and substitute another decision for it; and (c) state in writing the results of the reconsideration, including the reasons for CSC’s decision. (6) CSC must give a copy of a document mentioned in subrule (5) to the applicant. (7) If CSC requests the Committee, in accordance with subparagraph 74(1)(b)(ii), to affirm, vary or set aside the decision: (a) the Committee must: (i) reconsider the decision; and (ii) affirm or vary the decision, or set the decision aside and substitute another decision for it; and (iii) state in writing the results of the reconsideration, including the reasons for the Committee’s decision; and (iv) give the statement, or a copy of the statement, to CSC; and (b) the Committee’s decision has effect as the decision on reconsideration. (8) CSC must give a copy of a document mentioned in subrule (7) to the applicant.