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(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.




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