Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 124

124 Internal review of decision

(1) An applicant to whom a decision identified in schedule 1 applies may apply to the scheme manager for a review of the decision.

(2) An application for a review of the decision must—

(a) be made within 28 days after the applicant is given notice of the decision; and

(b) state in detail the basis on which the applicant is aggrieved by the decision.

(3) However, the scheme manager may, at any time, extend the time for applying for a review of the decision if the scheme manager considers it is reasonable in the circumstances to do so.

(4) The making of an application for a review of a decision under this section does not affect the operation of the decision or prevent the decision being implemented.

(5) The review must be conducted by—

(a) for a decision of a government assessor—

(i) the scheme manager; or

(ii) another government assessor nominated by the scheme manager; or

(b) for a decision of the scheme manager—a departmental employee, of a classification level in the public service that is the same as or higher than the scheme manager’s classification level, nominated by the chief executive.

(6) If a review is conducted by a departmental employee under subsection (5) (b) , any decision on the review is taken to be a decision of the scheme manager.

(7) The person conducting the review—

(a) has, in reviewing the decision, the same powers as the original decision-maker; and

(b) may—

(i) confirm or amend the decision being reviewed; or

(ii) substitute the person’s own decision for the decision being reviewed; and

(c) must give the applicant a QCAT information notice about the person’s decision.

(8) An application for a review of a decision under this section must be decided within 42 days after it is made.