Commonwealth Consolidated Acts

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AUSTRALIAN HEARING SERVICES ACT 1991 - SECT 64

Internal review of reviewable decisions

  (1)   The Authority must, as soon as practicable after making a reviewable decision (other than a decision that was made by the Managing Director personally), cause a notice in writing to be given to the person whose interests are affected by the decision containing:

  (a)   the terms of the decision; and

  (b)   the reasons for the decision; and

  (c)   a statement setting out particulars of the person's right to have the decision reviewed under this section.

  (2)   A failure to comply with the requirements of subsection   (1) in relation to a decision does not affect the validity of the decision.

  (3)   A person whose interests are affected by a reviewable decision may apply in writing to the Authority for a review of the decision.

  (4)   An application for a review must be made within 30 days after the day on which the decision first came to the notice of the applicant, or within such period (if any) as the Authority, either before or after the end of that period, allows.

  (5)   The Authority must, on receiving an application, cause the decision to be reviewed by a person to whom the Authority's power under this section is delegated, being a person who:

  (a)   was not involved in making the decision; and

  (b)   occupies a position in the Authority that is senior to that occupied by any person involved in making the decision.

  (6)   A person who reviews a reviewable decision may:

  (a)   make a decision affirming, varying or revoking the reviewable decision; and

  (b)   where the person revokes the decision, make such other decision as the person thinks appropriate.



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