Commonwealth Numbered Regulations

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BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT (ACCREDITATION SCHEME) REGULATIONS 2005 (SLI NO 305 OF 2005) - REG 20

Internal review of decisions

         (1)   A person whose interests are affected by a reviewable decision may request the Federal Safety Commissioner to reconsider the decision.

         (2)   The person’s request must be made by written notice given to the Federal Safety Commissioner within 28 days after the day on which the person first received the notice of the decision.

         (3)   The notice must set out the reasons for making the request.

         (4)   The Federal Safety Commissioner must, as soon as practicable after receiving the application, cause the decision to be reviewed by a person (the reviewer ):

                (a)    to whom the Federal Safety Commissioner’s powers under the accreditation scheme are delegated; and

               (b)    who was not involved in making the decision.

         (5)   A reviewer who reviews a reviewable decision may:

                (a)    make a decision affirming, varying or setting aside the reviewable decision; and

               (b)    if the reviewer sets aside the decision, make such other decision as the reviewer thinks appropriate.

         (6)   The reviewer’s decision takes effect:

                (a)    on the day specified in the decision on review; or

               (b)    if a day is not specified — on the day on which the decision is made.

         (7)   The Federal Safety Commissioner is taken, for this Subdivision, to have affirmed the reviewable decision if the person does not receive notice of the review decision within 90 days after receiving the person’s request.



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