Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-7 - REVIEW OF DECISIONS  

Division 209 - How are decisions reconsidered?  

SECTION 209-5   Reviewer may reconsider reviewable decisions  

209-5(1)  
The *reviewer of a *reviewable decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.

209-5(2)  
The *reviewer may reconsider the decision even if:


(a) an application for reconsideration of the decision has been made under section 209-10 ; or


(b) the decision has been confirmed, varied or set aside under section 209-10 and an application has been made under section 212-1 for review of the decision.

209-5(3)  
After reconsidering the decision, the *decision maker must:


(a) confirm the decision; or


(b) vary the decision; or


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

209-5(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.

209-5(5)  
The *reviewer must give written notice of the decision on review to the person to whom that decision relates.

209-5(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 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person's review rights.




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