Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-7 - REVIEW OF DECISIONS  

Division 209 - How are decisions reconsidered?  

SECTION 209-1   Reviewer of decisions  

209-1(1)    
The reviewer of a *reviewable decision is:

(a)    if the *decision maker was a higher education provider acting on behalf of the *Secretary - the Secretary; or

(b)    

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if the *decision maker was *Open Universities Australia acting on behalf of the *Secretary - the Secretary; or

(c)    in any other case - the decision maker, but see subsection (2) .

209-1(2)    
If:

(a)    a *reviewable decision was made by a delegate of a *decision maker; and

(b)    the decision is to be reconsidered by a delegate of the decision maker; then the delegate who reconsiders the decision must be a person who:

(c)    was not involved in making the decision; and

(d)    occupies a position that is senior to that occupied by any person involved in making the decision.

Note 1:

The Secretary may delegate to a review officer of a higher education provider the power to reconsider reviewable decisions made under subsection 36-12(2) or 36-20(1) or Chapter 3 : see subsection 238-1(2) .

Note 2:

The Secretary may also delegate to a review officer of Open Universities Australia the power to reconsider reviewable decisions made under Chapter 3 : see subsection 238-1(2A) .

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History

S 209-1(2) amended by No 89 of 2023, s 3 and Sch 1 item 15, by substituting " or " for " , paragraph 36-13(2)(b), subsection " in note 1, effective 1 January 2024.

S 209-1(2) amended by No 93 of 2020, s 3 and Sch 4 item 40B, by substituting " subsection 36-12(2), paragraph 36-13(2)(b), subsection 36-20(1) " for " subsection 36-12(2) or 36-20(1) " in note 1, effective 1 January 2022.

S 209-1(2) amended by No 93 of 2020, s 3 and Sch 4 item 35, by substituting " subsection 36-12(2) or 36-20(1) " for " section 36-20 " in note 1, effective 1 January 2021.

S 209-1(2) amended by No 104 of 2011, s 3 and Sch 2 item 23, by substituting " 36-20 " for " 36-22 " in note 1, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 3-10 .

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