Commonwealth Consolidated Acts

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Application for review

Application may be made

  (1)   A person may apply to the Secretary for review of a decision (the original decision ) of an APS employee in the Department made under this Part.

  (2)   An application must:

  (a)   be in writing; and

  (b)   set out the reasons for the application; and

  (c)   be made within:

  (i)   14 days after the day the original decision was made; or

  (ii)   if the Secretary allows a longer period--that longer period.

  (3)   After receiving an application under subsection   (2), the original decision must be reviewed by:

  (a)   the Secretary; or

  (b)   another person who:

  (i)   is a person to whom the power to review the original decision has been delegated; and

  (ii)   was not involved in the making of the original decision; and

  (iii)   occupies a position that is at least the same level as the person who made the original decision.

Decision on review

  (4)   The person reviewing the original decision must:

  (a)   affirm the original decision; or

  (b)   vary the original decision; or

  (c)   set aside the original decision and substitute a new decision.

Note:   An application may be made to the Administrative Appeals Tribunal for a review of a decision on review under this subsection: see section   124ZN .

Withdrawal of application

  (5)   A person who has applied for a review of the original decision under subsection   (2) may, in writing, withdraw that application at any time before the review has been completed.

  (6)   If the application is withdrawn, it is taken never to have been made.

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