Commonwealth Consolidated Acts

HIGHER EDUCATION FUNDING ACT 1988 - SECT 106M

  (1)   If:

  (a)   a person has applied under section   106L for remission of the whole or a part of a semester debt; and

  (b)   the Secretary notifies the person that he or she has decided not to remit the debt or not to remit as much of the debt as the person sought to have remitted;

the person may apply to the Secretary for a reconsideration of the decision.

  (2)   The application must be made in writing and must be given or sent to the Secretary within 28 days after the person has received notice of the decision.

  (3)   On receiving the application, the Secretary must, as soon as practicable:

  (a)   consider the application and:

  (i)   confirm the original decision; or

  (ii)   vary the original decision; or

  (iii)   revoke the original decision and substitute another decision; and

  (b)   notify the applicant of the decision on the reconsideration.

  (4)   The notice of the decision must include:

  (a)   a statement of the reasons for the decision; and

  (b)   a statement to the effect that, if the applicant is dissatisfied with the decision, the applicant may, subject to the Administrative Review Tribunal Act 2024 , apply to the Administrative Review Tribunal for review of the decision.

  (5)   A failure to comply with subsection   (4) does not affect the validity of the notice or of the decision notified.

  (6)   Application may be made to the Administrative Review Tribunal for a review of a decision of the Secretary under subsection   (3).