97Review of decisions

97 Review of decisions

(1) This section applies to the following decisions of the System Operator: (a) a decision under section 6 that a person is or is not the authorised representative of a healthcare recipient; (b) a decision under section 41 to refuse to register a healthcare recipient; (ba) a decision under section 41B to refuse an application to approve a period; (c) a decision under section 44 to refuse to register a healthcare provider organisation or to impose a condition on such a registration; (d) a decision under section 49 to refuse to register a person as: (i) a repository operator; or (ii) a portal operator; or (iii) a contracted service provider; or to impose a condition on such a registration; (e) a decision under section 49 to refuse to specify a repository as a repository to which the registration of a repository operator relates; (f) a decision under section 51 to cancel or suspend the registration of a healthcare recipient or other entity; (g) a decision under section 51 to refuse to cancel or suspend the registration of a healthcare recipient or other entity on request; (h) a decision under section 52 to vary the registration of a healthcare recipient or other entity on request; (i) a decision under section 52 to refuse to vary the registration of a healthcare recipient or other entity; (j) a decision under section 78B to refuse an application to approve a period. (2) The System Operator must take such steps as are reasonably necessary in the circumstances to give written notice of the decision to each person affected by the decision, including a statement: (a) that the person may apply to the System Operator to reconsider the decision; and (b) of the person’s rights to seek review under subsection (8) of a reconsidered decision. (2A) However, the System Operator is not required to give notice of the decision to a person if the System Operator is satisfied that doing so would put at risk the life, health or safety of a person. (3) A failure of the System Operator to comply with subsection (2) does not affect the validity of the decision. (4) A person who is given a written notice under subsection (2) may, by written notice given to the System Operator within 28 days after receiving the notice, ask the System Operator to reconsider the decision. (5) A request under subsection (4) must mention the reasons for making the request. (6) The System Operator must: (a) reconsider the decision within 28 days after receiving the request; and (b) give to the person who requested the reconsideration written notice of the result of the reconsideration and of the grounds for the result. (7) The notice must include a statement that the person may apply to the Administrative Review Tribunal for review of the reconsideration. (8) A person may apply to the Administrative Review Tribunal for review of a decision of the System Operator made under subsection (6).