Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-7 - REVIEW OF DECISIONS  

Division 209 - How are decisions reconsidered?  

SECTION 209-10   Reconsideration of reviewable decisions on request  

209-10(1)    
A person whose interests are affected by a *reviewable decision may request the *reviewer to reconsider the decision.

209-10(2)    
The person ' s request must be made by written notice given to the *reviewer within 28 days, or such longer period as the reviewer allows, after the day on which the person first received notice of the decision.

209-10(3)    
The notice must set out the reasons for making the request.

209-10(4)    
After receiving the request, the *reviewer must reconsider the decision and:

(a)    confirm the decision; or

(b)    vary the decision; or

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

209-10(4A)    

Despite subsection (4) , the *reviewer is not required to reconsider the decision if:

(a)    

the decision was made under paragraph 166-26B(2)(b) ; and

(b)    

the person gave notice in writing, under paragraph 166-26B(8)(c) , that the person would not seek reconsideration of the decision.

209-10(5)    
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.

209-10(5A)    

The *reviewer must give the person written notice of the decision on review.

209-10(5B)    

The notice:

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

(b)    must contain a statement of the reasons for the decision on review.

209-10(6)    
The *reviewer is taken, for the purposes of this Part, to have confirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person ' s request.

Note:

Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person ' s review rights.