Page 2858 - Week 08 - Thursday, 11 August 2016

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33

Part 8

Page 48, line 1—

omit part 8, substitute

Part 8Notification and review of

decisions

70Definitions—pt 8

In this part:

internally reviewable decision means a decision mentioned in schedule 3, column 3, decided by an agency, under a provision of this Act mentioned in column 2 in relation to the decision.

internal reviewer—see section 73.

reviewable decision means—

(a) an internal reviewer’s decision in relation to an internally reviewable decision; or

(b) a decision mentioned in schedule 3, column 3, decided by a Minister, under a provision of this Act mentioned in column 2 in relation to the decision.

71Internal review notices

If an agency makes an internally reviewable decision, the agency must give an internal review notice only to each entity mentioned in schedule 3, column 4 in relation to the decision.

Note 1  Internal review notice—see the ACT Civil and Administrative Tribunal Act 2008, s 67B (1).

Note 2  The requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

72Applications for internal review

(1) An entity mentioned in schedule 3, column 4 in relation to an internally reviewable decision may apply to the agency for internal review of the decision.

(2) The application must be made within 28 days after the day the notice of decision is given to the entity.

(3) The application must be in writing and must set out the grounds on which internal review of the decision is sought.

Note  If a form is approved under s 108 for an application, the form must be used.

(4) If the application is made in accordance with this section, the making of the application automatically stays the operation of the decision until the application is finally dealt with.

73Internal reviewer

The agency must arrange for a person who did not make the internally reviewable decision (the internal reviewer) to review the decision.

74Review by internal reviewer

(1) The internal reviewer for an internally reviewable decision must review the decision within 28 days (the 28-day period) after the day the agency receives the application for review of the internally reviewable decision.


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