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Public and Environmental Health Act 2011
105Review by CHO
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105 Review by CHO
(1) An affected person for a reviewable decision may request the CHO
to review the merits of the decision.
(2) The person must request the review:
(a) if the decision concerns a matter under Part 2 or 3 – within
72 hours after:
(i) the person receives notice of the decision; or
aware of the decision; or
(b) for another decision – within 7 days after:
(i) the person receives notice of the decision; or
aware of the decision.
(3) The request must:
(a) be in the approved form; and
(b) be accompanied by the fee prescribed by regulation; and
(c) state the grounds on which it is made and the facts relied on
to establish the grounds.
(4) The CHO must:
(a) conduct the review in a way that is fair and expeditious; and
(b) give proper consideration to the issues.
(5) After reviewing the merits of the decision, the CHO must:
(a) confirm the decision; or
(b) vary the decision; or
(c) revoke the decision; or
(d) substitute another decision for the decision.
(6) The CHO must, as soon as practicable after making a decision on
the review, give the affected person written notice of the decision.
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(7) The notice must include:
(a) the reasons for the decision; and
(b) the procedures for appeal under this Part.
(8) The validity of a decision under this section is not affected by a
contravention of subsection (6) or (7).
(9) A decision under subsection (5)(b) or (d) is for this Act (other than
this Part) taken to be the decision of the person who made the
reviewable decision.