sec.109Internal review

sec.109 Internal review

The agency must, within the decision period— conduct an internal review of the original decision; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision. The application may be dealt with only by a person who— did not make the original decision; and is in a more senior office than the person who made the original decision. Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the agency itself. If the agency does not make a decision under subsection (1) (b) within the decision period, the agency is taken to have made an internal review decision confirming the original decision. If the internal review decision confirms, or under subsection (4) or section 110 (3) , is taken to confirm, the original decision, for the purpose of an external review, the original decision is taken to be the internal review decision. If the internal review decision amends the original decision, for the purpose of an external review, the original decision as amended is taken to be the internal review decision. In this section— decision period means— if an information request for the internal review application is made—the period of 28 days after the further information requested is given to the agency; or otherwise—the period of 28 days after the agency receives the internal review application. (sec.109-ssec.1) The agency must, within the decision period— conduct an internal review of the original decision; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision. (sec.109-ssec.2) The application may be dealt with only by a person who— did not make the original decision; and is in a more senior office than the person who made the original decision. (sec.109-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the agency itself. (sec.109-ssec.4) If the agency does not make a decision under subsection (1) (b) within the decision period, the agency is taken to have made an internal review decision confirming the original decision. (sec.109-ssec.5) If the internal review decision confirms, or under subsection (4) or section 110 (3) , is taken to confirm, the original decision, for the purpose of an external review, the original decision is taken to be the internal review decision. (sec.109-ssec.6) If the internal review decision amends the original decision, for the purpose of an external review, the original decision as amended is taken to be the internal review decision. (sec.109-ssec.7) In this section— decision period means— if an information request for the internal review application is made—the period of 28 days after the further information requested is given to the agency; or otherwise—the period of 28 days after the agency receives the internal review application.