84Internal reconsideration of decisions

84 Internal reconsideration of decisions

(1) A person (the aggrieved person) whose interests are affected by a decision of the Secretary under subsection 72(3) to refuse to grant a person an approval may request the Secretary to reconsider the decision. (2) Subsection (1) does not apply to a decision that is made by the Secretary personally. Form and timing of request (3) The aggrieved person must make the request in writing before the end of: (a) the period of 28 days beginning on the day on which that person is notified of the decision, unless paragraph (b) applies; or (b) if the Secretary allows a longer period for making the request—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 decision personally; or (b) cause the 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; 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 decision; and (b) if the Secretary or the internal reviewer sets aside the 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.

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

When decision on reconsideration takes effect (9) The Secretary’s or internal reviewer’s decision on reconsideration takes effect: (a) on the day specified in the notice; or (b) if a day is not specified—on the day on which that decision is made. Secretary or internal reviewer may be taken to have affirmed decision (10) The Secretary or internal reviewer is taken to have made a decision affirming the decision under reconsideration if the Secretary or internal reviewer has not notified the aggrieved person of the Secretary’s or internal reviewer’s decision on reconsideration before the end of the period applicable under subsection (7).