Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-7 - REVIEW OF DECISIONS  

Division 209 - How are decisions reconsidered?  

SECTION 209-5   Reviewer may reconsider reviewable decisions  

209-5(1)    
The *reviewer of a *reviewable decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.

209-5(2)    
The *reviewer may reconsider the decision even if:

(a)    an application for reconsideration of the decision has been made under section 209-10 ; or

(b)    the decision has been confirmed, varied or set aside under section 209-10 and an application has been made under section 212-1 for review of the decision.

209-5(3)    
After reconsidering the decision, the *decision maker must:

(a)    confirm the decision; or

(b)    vary the decision; or

(c)    set the decision aside and substitute a new decision.

209-5(4)    
The *reviewer ' s decision (the decision on review) to confirm, vary or set aside the decision takes effect:

(a)    on the day specified in the decision on review; or

(b)    if a day is not specified - on the day on which the decision on review was made.

209-5(5)    
The *reviewer must give written notice of the decision on review to the person to whom that decision relates.

209-5(6)    
The notice:

(a)    must be given within a reasonable period after the decision is made; and

(b)    must contain a statement of the reasons for the *reviewer ' s decision on review.

Note:

Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person ' s review rights.