44Internal review

44 Internal review

44 Internal review

(1) The Screening Agency must appoint an employee (the reviewer) of the Screening Agency to—

(a) review the reviewable decision, and

(b) decide to—

(i) confirm the reviewable decision, or

(ii) set aside the reviewable decision and substitute a new decision.

(2) For making a decision about a reviewable decision, the reviewer—

(a) may share information with and seek advice from—

(i) a person suitably qualified to deal with the issues raised by the matters the subject of the reviewable decision, or

(ii) another person prescribed by the regulations, and

(b) has the same powers the Screening Agency had in making the reviewable decision.

(3) In reviewing the reviewable decision, the reviewer must consider—

(a) any information and matters considered in making the reviewable decision, and

(b) relevant information given by the affected person in the person’s application or otherwise, and

(c) other relevant information prescribed by the regulations.

(4) The application for internal review of a reviewable decision may be dealt with only by a person who—

(a) did not make the reviewable decision and, to the extent practicable, was not substantially involved in the process of making the reviewable decision, and

(b) holds an office equal to or more senior than the person who made the reviewable decision, and

(c) is otherwise suitably qualified to deal with issues raised by the review of the reviewable decision.

(5) Subsection (4) does not apply if the reviewable decision was made by the Screening Agency, or the head of the Screening Agency personally.

Note—

This subsection applies only if the reviewable decision was made by the Screening Agency or the head of the Screening Agency personally, not if the decision was made by another person as a delegate of the Screening Agency or the head of the Screening Agency.