48Internal reconsideration of decisions

48 Internal reconsideration of decisions

(1) A person (the aggrieved person) whose interests are affected by a decision of the following kind may request the Secretary to reconsider the decision: (a) a decision of the Secretary to refuse to remit an amount that a person is liable to pay by way of penalty under section 9 or 11; (b) a decision of the Secretary under subsection 31(4) to grant, or to refuse to grant, a person or body an approval; (c) a decision of the Secretary under subsection 44(3) to grant, or to refuse to grant, a body an approval; (d) a decision of the Secretary to specify conditions in an approval granted under subsection 44(3); (e) a decision of the Secretary under subsection 53(4); (f) a decision prescribed by the rules for the purposes of this paragraph. (2) Subsection (1) does not apply to a reviewable decision that is made by the Secretary personally. Form and timing of request (3) The aggrieved person must make the request in writing: (a) for a reviewable decision covered by paragraph (1)(a), (b), (c), (d) or (e)—before the end of the period of 28 days beginning on the day on which that person is notified of the reviewable decision; or (b) for a reviewable decision covered by paragraph (1)(f)—before the end of the period prescribed by the rules. However, if the Secretary allows a longer period for making the request, that person must make the request in writing before the end of that longer period. Reasons for request (4) The aggrieved person must set out in the request the reasons for the request. Review of decision (5) On receiving a request made in accordance with subsections (3) and (4), the Secretary must either: (a) reconsider the reviewable decision personally; or (b) cause the reviewable decision to be reconsidered by a person (the internal reviewer): (i) who was not involved in making that decision; and (ii) who is an SES employee, or acting SES employee, in the Department or an APS employee in the Department who holds, or is acting in, an Executive Level 2 position; and (iii) who occupies a position senior to the person who made that decision. (6) The Secretary or internal reviewer: (a) must affirm, vary or set aside the reviewable decision; and (b) if the Secretary or the internal reviewer sets aside the reviewable decision—may make such other decision as the Secretary or the internal reviewer thinks appropriate. (7) The Secretary or internal reviewer must do so before the end of: (a) the period of 45 days beginning on the day the Secretary receives the request, unless paragraph (b) applies; or (b) if the aggrieved person and the Secretary or internal reviewer agree on a longer period—that longer period. Notice of decision on reconsideration (8) The Secretary or internal reviewer must give the aggrieved person written notice of the Secretary’s or internal reviewer’s decision on reconsideration and of the reasons for that decision.