Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplications for review
(1) The amendments made by Part 1 of Schedule 1 to the amending Act apply in relation to applications for review made under section 73 on or after the commencement of that Schedule.
(2) If:
(a) before the commencement of Schedule 1 to the amending Act, a person had made an application for review under section 73; and
(b) at the commencement of that Schedule, the review had not been completed;
then:
(c) the Operator must notify the person of the amendments made by Part 1 of that Schedule; and
(d) the reviewer must not make a review determination under section 75 in relation to the application for review before the earlier of the following:
(i) 30 days after the date of the notification;
(ii) if, in response to the notification, the person gives the reviewer further information or documents that the person considers may be relevant to the review--the day after the Operator receives the further information or documents; and
(e) if the person gives the reviewer further information or documents that the person considers may be relevant to the review:
(i) the amendments made by Part 1 of that Schedule apply in relation to the application for review; and
(ii) the further information or documents are to be treated as information or documents accompanying the application for review under subsection 73(3).
(3) If:
(a) before the commencement of Schedule 1 to the amending Act, a person had made an application for review under section 73; and
(b) at the commencement of that Schedule, a review determination had been made under section 75 in relation to the application for review; and
(c) the Operator has given the person an offer of redress under section 39; and
(d) the person has not accepted or declined the offer of redress;
then:
(e) the Operator must notify the person of the amendments made by Part 1 of that Schedule; and
(f) if the acceptance period for the offer of redress ends during the period of 30 days after the date of the notification (the response period )--the Operator must extend the acceptance period under subsection 40(2) to end after the response period; and
(g) if, during the response period, the person gives the Operator further information or documents that the person considers may be relevant to the review:
(i) the review determination is taken to never have been made; and
(ii) if the Operator has given the person a new written offer of redress under paragraph 78(3)(b)--the new written offer of redress is taken to never have been given; and
(iii) the amendments made by Part 1 of that Schedule apply in relation to the application for review; and
(iv) the further information or documents are to be treated as information or documents accompanying the application for review under subsection 73(3).
(4) The rules may prescribe matters relating to the giving of notices to a person or a participating institution in relation to the operation of subsection (3).
Special assessment processes
(5) If:
(a) before the commencement of Schedule 1 to the amending Act, the Operator had given a written notice under paragraph 63(3)(b) in relation to a person's sentence of imprisonment; and
(b) at the commencement of that Schedule, the Operator had not made a determination in relation to the person under subsection 63(5);
the Operator is taken to have determined under subsection 63(2B) that the person should undergo a special assessment process.
(6) To avoid doubt, the Operator may, in writing, revoke a determination that the Operator is taken to have made under subsection (5).
Protected information
(7) The amendments of section 98 made by Division 1 of Part 3 of Schedule 1 to the amending Act apply in relation to a person obtaining, recording, disclosing or using protected information on or after the commencement of that Schedule.