Higher Education Support Act 2003

Chapter 5 - Administration  


Division 209 - How are decisions reconsidered?  

SECTION 209-10   Reconsideration of reviewable decisions on request  

A person whose interests are affected by a *reviewable decision may request the *reviewer to reconsider the decision.

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.

The notice must set out the reasons for making the request.

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.


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


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


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

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.


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


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.

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.


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

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