Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 62

Reconsideration of determinations

  (1)   A determining authority may, on its own motion:

  (a)   reconsider a determination made by it; or

  (b)   cause such a determination to be reconsidered by a person to whom its power under this section is delegated, being a person other than the person who made, or was involved in the making of, the determination;

whether or not a proceeding has been instituted or completed under this Part   in respect of a reviewable decision made in relation to that determination.

  (2)   A request to a determining authority to reconsider a determination made by it may be made by:

  (a)   the claimant; or

  (b)   if the determination affects the Commonwealth--the Commonwealth; or

  (c)   if the determination affects a Commonwealth authority--that Commonwealth authority.

  (2A)   If a determining authority holds a licence under Part   VIII that is subject to conditions requiring the determining authority to arrange for the reconsideration by another person of any determination made by the determining authority, nothing in subsection   (1) or (2) is to be taken to derogate from that requirement.

  (3)   A request for reconsideration of a determination shall:

  (a)   set out the reasons for the request; and

  (b)   be given to the determining authority within 30 days after the day on which the determination first came to the notice of the person making the request, or within such further period (if any) as the determining authority, either before or after the expiration of that period, allows.

  (4)   On receipt of a request, the determining authority shall reconsider the determination or cause the determination to be reconsidered by a person to whom its power under this section is delegated, being a person other than a person who made, or was involved in the making of, the determination.

  (5)   Where a person reconsiders a determination, the person may make a decision affirming or revoking the determination or varying the determination in such manner as the person thinks fit.

  (6)   The determining authority or person must decide a request made by a claimant to reconsider a determination within the period prescribed by the regulations.


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