83Review of Secretary’s decision

83 Review of Secretary’s decision

(1) If the Secretary decides not to approve a tool for assessing a student’s competence in reading and numeracy, the notice to the applicant must set out: (a) the reasons for the decision; and (b) a statement that the applicant may apply to have the decision reviewed: (i) if the reviewable decision was made by a delegate of the Secretary—by the Secretary; or (ii) if the reviewable decision was made by the Secretary personally—by the Administrative Appeals Tribunal. (2) If the decision (the original decision) was made by a delegate of the Secretary, the application to the Secretary must be made: (a) in a form approved by the Secretary; and (b) within 30 days after the day on which the written notice of the original decision was given to the applicant, or within such further period as the Secretary allows. (3) The Secretary must: (a) review the original decision; and (b) affirm, vary or revoke the original decision; and (c) if the Secretary revokes the original decision—make such other decision as the Secretary thinks appropriate. (4) The review must be done by: (a) a delegate of the Secretary who holds a position that is higher than the position held by the delegate who made the original decision; or (b) the Secretary personally. (5) The decision on review of the original decision has effect as if it were made under subsection 82(2). (6) The Secretary must, within 30 days after the decision on review is made, give a written notice to the applicant that includes: (a) details of the decision on review; and (b) the reasons for the decision on review; and (c) a statement that the applicant may apply to have the decision on review reviewed by the Administrative Appeals Tribunal. (7) Applications may be made to the Administrative Appeals Tribunal for review of: (a) decisions on review made under subsection (3); or (b) original decisions made by the Secretary personally.