Student Assistance Act 1973

Part 9 - Review of Decisions

Division 1A - Internal review of certain Commissioner decisions relating to ABSTUDY student start-up loans

SECTION 308F RECONSIDERATION OF REVIEWABLE DECISIONS ON REQUEST

308F(1)
A person whose interests are affected by a reviewable decision may request the reviewer to reconsider the decision.

308F(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.

308F(3)
The notice must set out the reasons for making the request.

308F(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.

308F(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.

308F(6)
The reviewer must give the person written notice of the decision on review.

308F(7)
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.

Note:

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

[ CCH Note: S 308F(7) will be amended by No 38 of 2024, s 3 and Sch 3 item 189, by substituting " Section 266 of the ART Act " for " Section 27A of the Administrative Appeals Tribunal Act 1975 " in the note, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]

308F(8)
The reviewer is taken, for the purposes of this Division, 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.

View history note

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