53Reconsideration of reviewable decision

53 Reconsideration of reviewable decision

(1) After receiving the application, the Regulator must: (a) personally reconsider the decision to which the application relates; or (b) cause the decision to be reconsidered by a delegate of the Regulator who: (i) was not involved in making the decision; and (ii) occupies a position that is at least the same level as that occupied by the person who made the decision. The person who reconsiders the decision is the internal decision reviewer. (2) After reconsidering the reviewable decision, the internal decision reviewer must: (a) affirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision. (3) After the internal decision reviewer makes the reconsideration decision, the reviewer must give written notice of the following to the applicant: (a) the reconsideration decision; (b) the date that decision takes effect; (c) the reason for that decision.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the applicant to be notified of the applicant’s review rights.

(4) The internal decision reviewer is taken to have affirmed the reviewable decision if the reviewer does not give notice of the reconsideration decision to the applicant within 90 days after receiving the application. (5) The reconsideration decision is taken to have been made under the provision under which the reviewable decision was made other than for the purposes of section 52. (6) The Regulator must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (3).