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NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 201

Reconsideration by the National VET Regulator

  (1)   Upon receiving an application under section   200 for the reconsideration of a reviewable decision, the National VET Regulator must reconsider the decision.

  (1A)   After reconsidering the reviewable decision, the National VET Regulator may:

  (a)   affirm, vary or revoke the decision; and

  (b)   if the Regulator revokes the decision, make such other decision as the Regulator considers appropriate.

  (2)   The National VET Regulator's reconsideration of the reviewable decision must be done by:

  (a)   if a member of the staff of the Regulator made the decision--the National VET Regulator or a member of the staff of the Regulator who:

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

  (ii)   occupies a position that is senior to that occupied by any person involved in making the decision; or

  (b)   in any other case--the National VET Regulator or a member of the staff of the Regulator who was not involved in making the decision.

  (3)   The National VET Regulator's decision on reconsideration of a decision has effect (except for the purposes of section   199) as if it had been made under the provision under which the reviewable decision was made.

  (4)   The National VET Regulator must give to the applicant a written notice stating the Regulator's decision on the reconsideration. The notice must explain that the applicant may apply to the Administrative Review Tribunal for review of the Regulator's decision on the reconsideration.

  (5)   Within 30 days after making the decision on the reconsideration, the National VET Regulator must give the applicant a written statement of the Regulator's reasons for the decision.



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