Commonwealth Consolidated Regulations

AIR SERVICES REGULATIONS 2019 - REG 39

Application for internal review

  (1)   A person whose interests are affected by a decision made under any of the following sections may apply to AA for review of the decision:

  (a)   section   12 (which deals with claims for compensation for requisition loss);

  (b)   section   26 (which deals with claims for compensation for wake vortices damage);

  (c)   section   37 (which deals with claims for approval of security interest in aircraft).

  (2)   An application for review under subsection   (1) must:

  (a)   be in writing; and

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

  (c)   be made within:

  (i)   28 days after the decision first came to the notice of the applicant; or

  (ii)   if AA allows a longer period (whether before or after the end of the 28 day period)--that longer period.

Decision on internal review

  (3)   Within 28 days after receiving the application, AA must:

  (a)   review the decision; and

  (b)   affirm, vary or set aside the decision; and

  (c)   if AA sets aside the decision--make such other decision AA thinks appropriate.

Notice of decision on internal review

  (4)   After making a decision under subsection   (3), AA must give the applicant a written notice containing:

  (a)   the terms of the decision; and

  (b)   reasons for the decision; and

  (c)   notice of the applicant's right to have the decision reviewed by the Administrative Review Tribunal.

Review by the Administrative Review Tribunal

  (5)   Applications may be made to the Administrative Review Tribunal for review of a decision under subsection   (3).