Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Chapter 12 Notification and review of decisions
198 Definitions—ch 12
In this chapter:
"decision-maker"—see section 199A (1).
"internally reviewable decision"—see section 199B (1).
"internal reviewer"—see section 199B (3).
"reviewable decision"—see section 199.
199 Application—ch 12
This chapter applies to a decision (a reviewable decision )—
(a) made by the Minister or chief executive under this Act; and
(b) prescribed by regulation to be a reviewable decision.
199A Notice of reviewable decisions
(1) If the Minister or chief executive (the decision-maker ) makes a reviewable decision, the decision-maker must give written notice of the decision to each entity prescribed by regulation for the decision.
Note 1 The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008 , s 67A).
Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008 .
(2) In particular, the notice must tell the person—
(a) whether the person has the right to apply for internal review of the decision or the right to apply to the ACAT for review of the decision, and how the application must be made; and
(b) if the person has the right to apply for internal review of the decision—that the person has the right to apply to the ACAT for review of the internal review decision if the person is dissatisfied with that decision; and
(c) about the options available under other ACT laws to have the decision reviewed by a court or the ombudsman.
199B Internal review of certain decisions
(1) This section applies if a regulation declares that a reviewable decision is a decision that is subject to internal review (an internally reviewable decision ).
(2) A person whose interests are affected by an internally reviewable decision may apply in writing to the chief executive for internal review of the decision.
(3) The chief executive must arrange for someone else (the internal reviewer ) to review the decision.
(4) However, this section does not apply to a reviewable decision made personally by the Minister or the chief executive.
Note Section 199E (b) provides for review of decisions exempt from internal review by the ACAT.
199C Applications for internal review
(1) An application for internal review under section 199B must be made within—
(a) 28 days after the day the applicant receives written notice of the decision under section 199A; or
(b) any longer period allowed by the internal reviewer, whether before or after the end of the 28-day period.
(2) The application must set out the grounds on which internal review of the decision is sought.
(3) The making of the application for internal review of the decision does not affect the operation of the decision.
199D Internal review
(1) The internal reviewer must review the internally reviewable decision, and confirm, vary or revoke the decision, within 28 days after the decision-maker receives the application for internal review of the decision.
(2) If the decision is not varied or revoked within the 28-day period, the decision is taken to have been confirmed by the internal reviewer.
(3) As soon as practicable after reviewing the decision, the internal reviewer must give written notice of the decision on the internal review to the applicant.
199E Review of decisions by ACAT
A person may apply to the ACAT for review of—
(a) a decision made by an internal reviewer; or
(b) a reviewable decision that is not an internally reviewable decision.