Part 5Review of decisions

Part 5 Review of decisions

13 Applicant may request review of decision

(1) An applicant who is dissatisfied with a decision of the Commission under section 9, or another person on the applicant’s behalf, may ask 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 by forwarding to, or delivering at, an office of the Department in Australia within 3 months after the day the applicant received written notice of the decision.

14 Commission to review decisions

(1) The Commission must review the decision:

(a) within 3 months after the day a request under section 13 was lodged; or

(b) within any longer period agreed in writing with the person who made the request.

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

(a) affirm the decision; or

(b) set aside the decision.

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

(4) If the Commission has delegated its power under this section to a person, the person must not review a decision made by the person.

15 Commission to give notice of decision reviewed

(1) If the Commission has reviewed a decision under section 14, the Commission must give written notice of the decision to:

(a) the person who requested the review; and

(b) any other person whose interests are affected by the decision.

(2) The written notice must:

(a) state the day the decision takes effect; and

(b) include a statement of reasons for the decision; and

(d) include notice of the right to apply to the Tribunal for review of the decision.

Note In giving the written notice, the Commission must have regard to any matters prescribed by the rules made under section 295 of the ART Act (see that Act, section 267).

(3) In this section:

statement of reasons, for a decision—see section 4 of the ART Act.

16 Review by Tribunal

(1) A person whose interests are affected by a decision may apply under the ART Act to the Tribunal for review of the decision of the Commission under section 14.

(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 the person is given written notice of the decision.