Part 6Review of decisions

Part 6—Review of decisions

23 Request for review

(1) A claimant who is dissatisfied with a decision of the Commission under Part 4, or another person on a claimant’s behalf, may request the Commission to review the decision.

(2) A request for review must:

(a) be in writing; and

(b) set out the grounds on which the request is made; and

(c) be lodged with the Commission within 3 months after the day on which the person seeking review was notified of the decision.

24 Commission’s duty if request for review made

(1) If the Commission receives a request under section 23 for review of a decision, the Commission must review the decision:

(a) within 3 months after the day on which the request was lodged; or

(b) within a longer period agreed in writing by the person who made the request.

(2) On review of a decision, the Commission must:

(a) affirm the decision; or

(b) set the decision aside.

(3) If the Commission sets aside a decision, it must make a decision in place of the decision set aside.

(4) A person to whom the Commission has delegated its power to review decisions under this section must not review a decision if that person made the decision under review.

25 Written record of decision on review and copy to person who requested review

(1) When the Commission reviews a decision, it must:

(a) make a written record of the decision made on review; and

(b) give a copy of the written record to the person who requested review.

(2) The written record must:

(a) set out the Commission’s findings on relevant questions of fact; and

(b) refer to the evidence or other material on which the findings are based; and

(c) give reasons for the decision made on review.

26 Review by Tribunal

(1) An application may be made to the Tribunal for a review of a decision of the Commission under section 24.

(2) Despite anything else prescribed under subsection 18(1) of the ART Act, the person may apply to the Tribunal for review of the decision within 3 months after the day on which the person seeking review is given a record of the decision under paragraph 25(1)(b).

(3) To remove any doubt, subsection (2) does not affect subsection 18(2) and section 19 of the ART Act.

(4) In this section:

ART Act means the Administrative Review Tribunal Act 2024.

Tribunal means the Administrative Review Tribunal established under section 8 of the ART Act.