Commonwealth Consolidated Acts Commonwealth Consolidated ActsRequest for variation
(1) An individual may request the Minister to vary a foreign work authorisation granted to the individual.
(2) The request must:
(a) be in writing; and
(b) be in the form approved by the Secretary under subsection (6); and
(c) contain the information, and be accompanied by any documents, that the form requires.
Note: An individual may commit an offence if the individual provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code ).
Decision to vary, or to refuse to vary, authorisation
(3) The Minister must, in writing and as soon as reasonably practicable after the request is made, vary the authorisation in a specified way or refuse to vary the authorisation.
Note: The Minister must give the individual written notice before varying the authorisation in a way that is different from the variation requested or before refusing to vary the authorisation (see section 115J).
Notice
(4) If the Minister varies the authorisation, the Minister must, as soon as reasonably practicable after making the decision:
(a) give the individual a copy of the variation, which must specify the day the variation takes effect (which must not be earlier than the day after the copy is given to the individual); and
(b) if the variation is different from the variation requested by the individual (including because one or more conditions for the authorisation are varied or imposed)--give the individual written notice setting out the reasons for the decision and the individual's review rights under sections 115K and 115L.
Note: Section 115M deals with disclosing reasons for decisions.
(5) If the Minister refuses to vary the authorisation, the Minister must, as soon as reasonably practicable after making the decision, give written notice to the individual of the refusal. The notice must:
(a) include the reasons for the refusal; and
(b) set out the individual's review rights under sections 115K and 115L.
Note: Section 115M deals with disclosing reasons for decisions.
Approved form
(6) The Secretary may, in writing, approve a form for the purposes of paragraph (2)(b). The Secretary must cause the form to be published on the Department's website.