28Reconsideration by the Commissioner on own motion

28 Reconsideration by the Commissioner on own motion

(1) The Commissioner may reconsider a decision (the original decision) made by the Commissioner in relation to a complaint or an issue raised in the complaint if: (a) the Commissioner becomes aware of new information that, had the Commissioner been aware of at the time the original decision was made, may have affected the original decision; or (b) the Commissioner becomes aware that the complainant, or a person with disability affected by the complaint or issue, has not been able to resolve the complaint or issue with the NDIS provider; or (c) the Commissioner considers it is appropriate in the circumstances to do so. (2) In exercising the power under subsection (1), the Commissioner must have regard to the following matters: (a) the time period that has elapsed since the original decision was made; (b) the effect a reconsideration of the original decision would have on any relevant party, including the complainant, a person with disability affected by an issue raised in the complaint, the NDIS provider or a person employed or otherwise engaged by the NDIS provider; (c) any other matter the Commissioner considers relevant. (3) If the Commissioner decides to reconsider the original decision, the Commissioner: (a) must give notice of the decision to each person who was provided with notice in relation to the original decision; and (b) do both of the following: (i) undertake a risk assessment under subsection 16(2A) to prioritise the complaint; (ii) make a decision under subsection 16(3) in relation to the complaint or issue which is being reconsidered. (4) For the purposes of subparagraph (3)(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). (5) For the purposes of subparagraph (3)(b)(ii), if the Commissioner decides to undertake a resolution process under paragraph 16(3)(d) in relation to the complaint or an issue, the Commissioner must complete the resolution process in accordance with Subdivisions B and C. (6) A notice required to be given under paragraph (3)(a) may be given orally, in writing or by any other means which is appropriate in the circumstances.