sch.1-sec.96Review of particular decisions of commission

### sch.1-sec.96 Review of particular decisions of commission This section applies if, before the commencement— a person entered into an arrangement for the carrying out of residential construction work; and the commission made either of the following decisions (each a rejection decision ), whether in the first instance or as an internal review decision, in relation to the work— a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part (a disallowance decision ); a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme (a non-termination decision ); and the rejection decision was made wholly or partly because the commission considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work. However, this section does not apply in relation to a disallowance decision if, before the commencement, the tribunal made a review decision or binding declaration affecting the disallowance decision. A consumer for the residential construction work affected by the rejection decision may, within 6 months after the commencement, apply to the commission for review of the decision. For an application for review of the rejection decision under subsection (3) , each of the following decisions is taken to be a reviewable decision under part 7 , division 3 , subdivision 1 of the Act — a disallowance decision made as an internal review decision; a non-termination decision. Section 86C (1) of the Act applies in relation to an application for review of the rejection decision under subsection (3) as if the application were an internal review application made under section 86B of the Act . Subject to subsections (3) to (5) , part 7 , division 3 , subdivision 1 of the Act , other than sections 86A and 86B (b) , applies in relation to an application for review under subsection (3) . sch 1 s 96 ins 2025 No. 14 s 85S (sch.1-sec.96-ssec.1) This section applies if, before the commencement— a person entered into an arrangement for the carrying out of residential construction work; and the commission made either of the following decisions (each a rejection decision ), whether in the first instance or as an internal review decision, in relation to the work— a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part (a disallowance decision ); a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme (a non-termination decision ); and the rejection decision was made wholly or partly because the commission considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work. (sch.1-sec.96-ssec.2) However, this section does not apply in relation to a disallowance decision if, before the commencement, the tribunal made a review decision or binding declaration affecting the disallowance decision. (sch.1-sec.96-ssec.3) A consumer for the residential construction work affected by the rejection decision may, within 6 months after the commencement, apply to the commission for review of the decision. (sch.1-sec.96-ssec.4) For an application for review of the rejection decision under subsection (3) , each of the following decisions is taken to be a reviewable decision under part 7 , division 3 , subdivision 1 of the Act — a disallowance decision made as an internal review decision; a non-termination decision. (sch.1-sec.96-ssec.5) Section 86C (1) of the Act applies in relation to an application for review of the rejection decision under subsection (3) as if the application were an internal review application made under section 86B of the Act . (sch.1-sec.96-ssec.6) Subject to subsections (3) to (5) , part 7 , division 3 , subdivision 1 of the Act , other than sections 86A and 86B (b) , applies in relation to an application for review under subsection (3) . - (a) a person entered into an arrangement for the carrying out of residential construction work; and - (b) the commission made either of the following decisions (each a rejection decision ), whether in the first instance or as an internal review decision, in relation to the work— (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part (a disallowance decision ); (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme (a non-termination decision ); and - (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part (a disallowance decision ); - (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme (a non-termination decision ); and - (c) the rejection decision was made wholly or partly because the commission considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work. - (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part (a disallowance decision ); - (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme (a non-termination decision ); and - (a) a disallowance decision made as an internal review decision; - (b) a non-termination decision.