Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 3 - Administration  

Division 16 - Review of decisions  

Subdivision 16-C - How are decisions reconsidered ?  

SECTION 95   Reviewer may reconsider reviewable VET decisions  

95(1)    
The * reviewer of a * reviewable VET decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.

95(2)    
The * reviewer may reconsider the decision even if:

(a)    an application for reconsideration of the decision has been made under clause 96 ; or

(b)    the decision has been confirmed, varied or set aside under clause 96 and an application has been made under clause 97 for review of the decision.

95(2A)    

However, if an application has been made under clause 97 for review of the decision, section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the decision if:

(a)    the application is referred to the * guidance and appeals panel under section 122 of that Act; or

(b)    a * guidance and appeals panel application is taken to be made because the Administrative Review Tribunal ' s decision on the review is referred to the guidance and appeals panel under section 128 of that Act.

95(3)    

After reconsidering the decision, the * decision maker must, subject to subsection (2A) :

(a)    confirm the decision; or

(b)    vary the decision; or

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

95(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.

95(5)    
The * reviewer must give written notice of the decision on review to the person to whom that decision relates.

95(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.