Nursing Homes Assistance Act 1974
11AReview of decisions
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11A Review of decisions
(1) In this section:
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
reviewable decision means a decision of the Minister, or of a delegate of the Minister, under subsection 4(7), section 6, subsection 9(1A) or (1B), section 11 or subsection (2) of this subsection.
(2) A person affected by a reviewable decision who is dissatisfied with the decision may, by notice in writing given to the Minister within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the expiration of that period), by notice in writing served, either personally or by post, on the person, allows, request the Minister to reconsider the decision. (3) There shall be set out in the request the reasons for making the request. (4) Upon the receipt of the request, the Minister shall reconsider the decision and may affirm or revoke the decision or vary the decision in such manner as he or she thinks fit. (5) Where the Minister does not affirm, revoke or vary a decision before the expiration of the period of 42 days after the day on which he or she received the request under subsection (2) to reconsider the decision, he or she shall, upon the expiration of that period, be deemed to have affirmed the decision under subsection (4). (6) Where the Minister affirms, revokes or varies a decision, he or she shall, by notice in writing served, either personally or by post, on the person who made the request, inform the person of the result of his or her reconsideration of the decision, set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give his or her reasons for affirming, revoking or varying the decision, as the case may be. (7) Applications may be made to the Administrative Appeals Tribunal for review of: (a) reviewable decisions that have been affirmed or varied under subsection (4); or (b) a decision under subsection (4) to revoke a reviewable decision.