26Application for reconsideration by the Commissioner

26 Application for reconsideration by the Commissioner

Reconsideration of decision to close a complaint or issue (1) A complainant, or a person with disability affected by an issue raised by a complaint, may apply to the Commissioner for reconsideration of a decision by the Commissioner under paragraph 16(3)(a) to close on the complaint or an issue raised in the complaint. (2) However, an application cannot be made under subsection (1) if: (a) the decision was made because of the circumstance mentioned in paragraph 17(1)(c) (complaint has been withdrawn); or (b) the decision was made after a reconsideration decision under subparagraph 27(1)(b)(ii) and one or more of the circumstances in subsection 17(1) or (3) applies. Reconsideration of a decision made to end a resolution process (3) If the Commissioner makes a decision under section 22 to end a resolution process in relation to a complaint or an issue, any of the following persons may apply to the Commissioner for reconsideration of the decision: (a) the complainant; (b) a person with disability affected by the issue; (c) the NDIS provider to which the complaint or issue relates; (d) a person employed or otherwise engaged by the NDIS provider who may have an adverse finding made against the person. (4) However, an application cannot be made under subsection (3) if: (a) the decision was made in the circumstances mentioned in paragraph 22(1)(f) (issue better dealt with by another person or body); or (b) the decision was made after a reconsideration decision under subparagraph 27(1)(b)(ii) and one or more of the circumstances in subsection 22(1) applies. Applications (5) A person making an application under subsection (1) or (3) for reconsideration of a decision must: (a) state the reasons why reconsideration is sought; and (b) unless subsection (6) applies—make the application within 42 days of the person being notified of the decision. (6) The Commissioner may extend the period under paragraph (5)(b) if the Commissioner is satisfied it is appropriate to do so. (7) An application under subsection (1) or (3) may be made orally, in writing or by any other means which is appropriate in the circumstances. (8) If satisfied it is reasonable in all the circumstances to do so, the Commissioner may: (a) notify any other person of an application made under subsection (1) or (3); and (b) provide any other person with a copy of the application; and (c) provide an opportunity for any other person to provide comments on the application within the period specified by the Commissioner.