33Secretary’s reconsideration of decisions

33 Secretary’s reconsideration of decisions

(1) A person whose interests are affected by a reviewable decision made by a delegate of the Secretary may request the Secretary to reconsider the decision.

Note: See section 34 for review of a reviewable decision that is made by the Secretary personally.

Form and timing of request

(2) The person must make the request in writing:

(a) before the end of the period of 28 days beginning on the day on which the person is notified of the reviewable decision, unless paragraph (b) applies; or

(b) if the Secretary allows a longer period for making the request—before the end of that longer period.

Reasons for request

(3) The person must set out in the request the reasons for the request.

Decision on reconsideration

(4) The Secretary, on receiving a person’s request made in accordance with subsections (2) and (3):

(a) must reconsider the reviewable decision personally; and

(b) must do one of the following:

(i) affirm the reviewable decision;

(ii) vary the reviewable decision;

(iii) set aside the reviewable decision;

(iv) set aside the reviewable decision and make a new decision in substitution for the reviewable decision.

(5) The Secretary must make the decision on reconsideration before the end of the period of 90 days beginning on the day the Secretary receives the request.

Notice of decision on reconsideration

(6) The Secretary must give the person written notice of:

(a) the Secretary’s decision on reconsideration; and

(b) the reasons for that decision; and

(c) the person’s review rights under section 34.

When decision on reconsideration takes effect

(7) The Secretary’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 may be taken to have affirmed reviewable decision

(8) The Secretary is taken to have made a decision affirming the reviewable decision if the Secretary has not notified the person of the Secretary’s decision on reconsideration before the end of the period applicable under subsection (5).