213Review of decisions

213 Review of decisions

213 Review of decisions

(1) Right to apply for review An interested person may apply to the Secretary for a review of a reviewable decision.

(2) The following persons are interested persons in relation to a reviewable decision—

(a) the developer of a strata scheme to which the decision is related,

(b) the owners corporation of a strata scheme to which the decision is related,

(c) the owner of a lot in a strata scheme to which the decision is related,

(d) any other person prescribed by the regulations for the purposes of this section.

(3) Reviewable decisions The regulations may prescribe decisions under this Part that are to be the reviewable decisions for the purposes of this section.

(4) Applications An application for a review is to be made in accordance with the regulations.

(5) Individuals who may carry out reviews An application for a review of a decision is to be dealt with by an individual other than the person who made the decision who is (if the reviewer is not the Secretary) approved by the Secretary.

(6) The reviewer must be, as far as practicable, an individual—

(a) who was not substantially involved in the process of making the decision under review, and

(b) who is a member of staff of the Department, and

(c) who is suitably qualified to deal with the issues raised by the application.

(7) Powers on review In reviewing a decision, the reviewer is to consider any relevant material submitted by the applicant.

(8) Following the review of the decision, the reviewer may—

(a) affirm the decision, or

(b) vary the decision, or

(c) set aside the decision and make a decision in substitution for the decision that is set aside.

(9) In exercising a function under subsection (8), a reviewer is taken for all purposes to have the right to exercise the same functions in law that the person who made the decision had in making the decision being reviewed.