26Internal review of decisions made by delegates

26 Internal review of decisions made by delegates

Initial internal review (1) If a reviewable decision is made by a delegate of the Minister, the person affected by the decision may apply, in writing, to the Minister for review of the decision. (2) The application must: (a) be made within: (i) 10 business days after the applicant received notice under this instrument of the reviewable decision; or (ii) such longer period (if any) allowed by the Minister; and (b) set out the reasons for making the application. (3) Subject to subsection (6), the Minister or a delegate of the Minister must, within 10 business days after receiving the application: (a) review the reviewable decision; and (b) make a decision (the initial review decision): (i) to affirm or vary the reviewable decision; or (ii) to revoke the reviewable decision, and make any other decision that the person thinks appropriate; and (c) give the applicant written notice of the initial review decision. Further internal review (4) The applicant may, within 10 business days after receiving notice of the initial review decision under paragraph (3)(c), request in writing, to the delegate or the Minister for review of the initial review decision. (5) Subject to subsection (7), the Minister or a delegate of the Minister (the further reviewer) must, within 10 business days after receiving the request under subsection (4): (a) review the initial review decision and decide (the further review decision): (i) to affirm or vary the initial review decision; or (ii) to revoke the initial review decision, and make any other decision that the further reviewer thinks appropriate; and (b) give written notice to the applicant of the further review decision. Limitations to subsections (3) and (5) (6) A delegate of the Minister must not review a reviewable decision under subsection (3) if the delegate was involved in making the reviewable decision. (7) A delegate of the Minister must not review an initial review decision under subsection (5) if the delegate was involved in making: (a) the initial review decision; or (b) the reviewable decision to which the initial review decision relates.