105Review by CHO

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.

Public and Environmental Health Act 2011 59 (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.