Retirement Savings Accounts Act 1997

PART 16 - MISCELLANEOUS  

SECTION 189   REVIEW OF CERTAIN DECISIONS  
Request for review

189(1)    
A person who is affected by a reviewable decision of the Regulator may, if dissatisfied with the decision, request the Regulator to reconsider the decision.

How request must be made

189(2)    
The request must be made by written notice given to the Regulator within the period of 21 days after the day on which the person first receives notice of the decision, or within such further period as the Regulator allows.

Request must set out reasons

189(3)    
The request must set out the reasons for making the request.

Regulator to reconsider decision

189(4)    
Upon receipt of the request, the Regulator must reconsider the decision and may, subject to subsection (5) , confirm or revoke the decision or vary the decision in such manner as the Regulator thinks fit.

Deemed confirmation of decision if delay

189(5)    
If the Regulator does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which the Regulator received the request under subsection (1) to reconsider the decision, the Regulator is taken, at the end of that period, to have confirmed the decision under subsection (4) .

Notice of Regulator ' s action

189(6)    
If the Regulator confirms, revokes or varies a decision before the end of the period referred to in subsection (5) , the Regulator must give written notice to the person telling the person:

(a)    the result of the reconsideration of the decision; and

(b)    the reasons for confirming, varying or revoking the decision, as the case may be.

ART review of Regulator ' s decisions

189(7)    

Applications may be made to the Administrative Review Tribunal for review of decisions of the Regulator that have been confirmed or varied under subsection (4) .

Period for making certain ART applications

189(8)    

If a decision is taken to be confirmed because of subsection (5) , then, despite section 18 (when to apply - general rule) of the Administrative Review Tribunal Act 2024 , an application to the Administrative Review Tribunal must be made within 28 days beginning on the day on which the decision is taken to be confirmed.

Note:

A person may, under section 19 of that Act, apply to the Administrative Review Tribunal to extend the period.

Continued operation of decision despite request for review

189(9)    

If a request is made under subsection (1) in respect of a reviewable decision, section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the Administrative Review Tribunal Act 2024 applies as if the making of the request to the Regulator were the making of an application to the Tribunal for a review of that decision.

189(10)    

An order must not be made under subsection 32(2) of the Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal.