(1) The reviewer of a * reviewable decision is:
(a) if the * decision maker was a higher education provider acting on behalf of the * Secretary--the Secretary; or
(b) if the * decision maker was * Open Universities Australia acting on behalf of the * Secretary--the Secretary; or
(c) in any other case--the decision maker, but see subsection (2).
(2) If:
(a) a * reviewable decision was made by a delegate of a * decision maker; and
(b) the decision is to be reconsidered by a delegate of the decision maker;
then the delegate who reconsiders the decision must be a person who:
(c) was not involved in making the decision; and
(d) occupies a position that is senior to that occupied by any person involved in making the decision.
Note 1: The Secretary may delegate to a review officer of a higher education provider the power to reconsider reviewable decisions made under subsection 36 - 12(2) or 36 - 20(1) or Chapter 3: see subsection 238 - 1(2).
Note 2: The Secretary may also delegate to a review officer of Open Universities Australia the power to reconsider reviewable decisions made under Chapter 3: see subsection 238 - 1(2A).