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NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 201

Reconsideration by the National VET Regulator

  (1)   Upon receiving such an application, the National VET Regulator must:

  (a)   reconsider the decision; and

  (b)   affirm, vary or revoke the decision.

  (2)   The person who reconsiders the decision must be:

  (a)   if a member of the staff of the Regulator made the decision under review--the National VET Regulator or a member of the staff of the Regulator who:

  (i)   was not involved in making the decision; and

  (ii)   occupies a position that is senior to that occupied by any person involved in making the decision; or

  (b)   in any other case--the National VET Regulator or a member of the staff of the Regulator who was not involved in making the decision.

  (3)   The National VET Regulator's decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.

  (4)   The National VET Regulator must give to the applicant a written notice stating the Regulator's decision on the reconsideration. The notice must explain that the applicant may apply to the Administrative Appeals Tribunal for review of the Regulator's decision on the reconsideration.

  (5)   Within 30 days after making the decision on the reconsideration, the National VET Regulator must give the applicant a written statement of the Regulator's reasons for the decision.


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