Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may reconsider a * reviewable decision (other than a reviewable decision under Division 35 or section 52G - 4) if the Secretary is satisfied that there is sufficient reason to reconsider the decision.
(1A) The * Pricing Authority may reconsider a * reviewable decision under Division 35 or section 52G - 4 if the Pricing Authority is satisfied that there is sufficient reason to reconsider the decision.
(3) The Secretary or the * Pricing Authority may reconsider a decision even if:
(a) an application for reconsideration of the decision has been made under section 85 - 5; or
(b) if the decision has been confirmed, varied or set aside under section 85 - 5--an application has been made under section 85 - 8 for review of the decision.
(3AA) However, if an application has been made under section 85 - 8 for review of the decision, section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the decision if:
(a) the application is referred to the * guidance and appeals panel under section 122 of that Act; or
(b) a * guidance and appeals panel application is taken to be made because the Administrative Review Tribunal's decision on the review is referred to the guidance and appeals panel under section 128 of that Act.
(3A) In reconsidering a decision made under subsection 29C - 2(1), 29D - 1(1) or 29E - 1(1):
(a) the level of care needed by the relevant care recipient, relative to the needs of other care recipients, must be assessed under section 29C - 3; and
(b) the Secretary must take that assessment into account before making a decision under subsection (4) of this section.
(3B) If the relevant care recipient cannot be assessed for the purposes of the reconsideration, the Secretary must not make a decision under subsection (4).
(4) After reconsidering the decision, the Secretary or the * Pricing Authority must, subject to subsections (3AA) and (3B):
(a) confirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(5) The decision of the Secretary or the * Pricing Authority (the decision on review ) to confirm, vary or set aside the decision takes effect:
(a) on the day specified in the decision on review; or
(b) if a day is not specified--on the day on which the decision on review was made.
(6) The Secretary or the * Pricing Authority must give written notice of the decision on review to the person to whom that decision relates.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.