58Consideration of application for internal review

58 Consideration of application for internal review

(1)  The Commission must consider each application for internal review that is made to it and, in so doing –

(a) is to observe the rules of natural justice; and

(b) is to ensure that any employee of the Commission engaged in the review process –

(i) was not involved in the making of the administrative decision under review; and

(ii) is not under the direct control of a person who was involved in the making of the administrative decision under review; and

(c) may engage an independent mediator to assist in the review process; and

(d) may, if the administrative decision under review relates to matters that are of general importance to a sector of the passenger transport industry or hire and drive passenger service industry and it is possible to do so without prejudice to the applicant, consult with any representatives of that industry sector.

(2)  If an application for internal review is found to be frivolous or vexatious, or factually mistaken in a material way, the Commission is to notify the applicant of that finding immediately but is not required to take any further action on the application.

(3)  Once the Commission has completed its internal review, it is to make a fresh decision ("review determination") in place of the decision under review.

(4)  A review determination is to be made within 21 days after the day on which the relevant application for internal review is lodged.

(5)  The 21-day period for making a review determination may, on the Commission giving notice to the applicant before the end of that period, be extended, once, by a period not exceeding 28 days.

(6)  If a review determination is not made within the period provided by subsection (4) or, if applicable, the extended period provided by subsection (5) , the Commission is taken to have made a review determination to affirm the administrative decision under review.

(7)  The Commission is to notify an applicant of a review determination as soon as practicable after it has been made or, in a case to which applies, taken to have been made.