Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person whose interests are affected by a * reviewable decision may request the Secretary to reconsider the decision.
(3) The person's request must be made by written notice given to the Secretary:
(a) within 28 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; or
(b) if the decision is a decision under section 44 - 24 to make a determination under subsection 44 - 24(1) or paragraph 44 - 24(2)(b), (3)(b), (3A)(b) or (4)(b)--within 90 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision.
(4) The notice must set out the reasons for making the request.
(5) After receiving the request, the Secretary 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.
(6) The Secretary'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.
(7) The Secretary is taken, for the purposes of this Part, to have confirmed the decision if the Secretary does not give notice of a decision to the person within 90 days after receiving the person's request.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.
(8) If a committee has been established under section 96 - 3 and a function of the committee is to provide advice to the Secretary in relation to the Secretary's reconsideration of a particular kind of * reviewable decision, the Secretary:
(a) may refer a reviewable decision of that kind to the committee for advice; and
(b) must, in reconsidering the decision, take account of any advice of the committee in relation to the decision.