27Reconsideration by the Commissioner on application

27 Reconsideration by the Commissioner on application

(1) Within 28 days of receiving an application under section 26 to reconsider a decision, the Commissioner must: (a) confirm the decision in relation to which reconsideration has been sought; or (b) do both of the following: (i) undertake a risk assessment under subsection 16(2A) to prioritise the complaint the subject of the application; (ii) make a decision under subsection 16(3) in relation to the complaint or issue for which reconsideration has been sought. (2) If the Commissioner is satisfied that the application for reconsideration raises an issue that was not part of, or not related to, the original complaint, the Commissioner may treat the application as a fresh complaint. (3) If the Commissioner confirms the original decision under paragraph (1)(a), the Commissioner must notify the following of the Commissioner’s decision: (a) the applicant; (b) a person with disability affected by an issue raised in the complaint. (3A) For the purposes of subparagraph (1)(b)(ii), if the Commissioner makes a decision under paragraph 16(3)(a), (b) or (c) in relation to the complaint or issue, the Commissioner must comply with the requirements in Subdivision C (as applicable). (4) For the purposes of subparagraph (1)(b)(ii), if the Commissioner decides to undertake a resolution process under paragraph 16(3)(d) in relation to the complaint or issue: (a) the Commissioner must notify the following of the Commissioner’s decision: (i) the complainant; (ii) unless the Commissioner is satisfied it would be inappropriate to do so—a person with disability affected by the issue; (iii) the NDIS provider to which the complaint or issue relates; (iv) a person employed or otherwise engaged by the NDIS provider who may have an adverse finding made against the person; and (b) the Commissioner must complete the resolution process: (i) in accordance with Subdivisions B and C; and (ii) within 90 days of receiving the application under section 26 to reconsider the decision. (5) The Commissioner may, before the end of the period referred to in subparagraph (4)(b)(ii), extend the period by up to 14 days. (6) If the Commissioner decides to extend the period under subsection (5), the Commissioner must notify the following of the decision, including reasons for the decision: (a) the complainant; (b) a person with disability affected by an issue raised in the complaint; (c) the NDIS provider to which the issue relates; (d) any person employed or otherwise engaged by the NDIS provider who may have an adverse finding made against the person. (7) A notice under this section may be given orally, in writing or by any other means which is appropriate in the circumstances.