sec.388Reconsideration of decisions

sec.388 Reconsideration of decisions

The chief executive must, as soon as possible after receiving an application for reconsideration of an original decision— reconsider the original decision; and decide to— confirm the decision; or substitute another decision for the original decision; and give the person a QCAT information notice for the reconsidered decision. The application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than, or an office at the same level as, the person who made the original decision. Subsection (2) does not apply in relation to an original decision made by the chief executive personally. If section 131 (7) of the Act applies in relation to the reconsidered decision, the QCAT information notice must state that if the person applies to QCAT for a review of the decision, the cancellation or suspension of the person’s licence is suspended pending the finalisation of the review. In this section— QCAT information notice , for a reconsidered decision, means a notice complying with the QCAT Act , section 157 (2) . (sec.388-ssec.1) The chief executive must, as soon as possible after receiving an application for reconsideration of an original decision— reconsider the original decision; and decide to— confirm the decision; or substitute another decision for the original decision; and give the person a QCAT information notice for the reconsidered decision. (sec.388-ssec.2) The application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than, or an office at the same level as, the person who made the original decision. (sec.388-ssec.3) Subsection (2) does not apply in relation to an original decision made by the chief executive personally. (sec.388-ssec.4) If section 131 (7) of the Act applies in relation to the reconsidered decision, the QCAT information notice must state that if the person applies to QCAT for a review of the decision, the cancellation or suspension of the person’s licence is suspended pending the finalisation of the review. (sec.388-ssec.5) In this section— QCAT information notice , for a reconsidered decision, means a notice complying with the QCAT Act , section 157 (2) .

• (a) reconsider the original decision; and
• (b) decide to— (i) confirm the decision; or (ii) substitute another decision for the original decision; and
• (i) confirm the decision; or
• (ii) substitute another decision for the original decision; and
• (c) give the person a QCAT information notice for the reconsidered decision.
• (i) confirm the decision; or
• (ii) substitute another decision for the original decision; and
• (a) did not make the original decision; and
• (b) holds a more senior office than, or an office at the same level as, the person who made the original decision.