(1)  A reviewing authority must consider each application that is made to it and, in so doing –

(a) must observe the rules of natural justice; and

(b) must ensure that any employee or agent engaged in the review process –

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

(ii) is not under the direct control of a person who was involved in making the administrative decision under review; and

(c) may engage an independent mediator to assist in the review process; and

(d) may consult with any representatives of, or organisations in, a sector of the transport industry if –

(i) the administrative decision under review relates to matters that are of general importance to that sector; and

(ii) it is possible to do so without prejudice to the applicant.

(2)  If a reviewing authority finds that an application is frivolous or vexatious it must give the applicant immediate notice of that finding but is not required to take any further action.

(3)  In any other case, the reviewing authority must make a determination to –

(a) affirm the administrative decision; or

(b) vary the administrative decision if the decision is able to be varied and the variation is appropriate in the circumstances; or

(c) set aside the administrative decision.

(4)  If subregulation (3)(b) applies, the administrative decision as varied forms part of the determination for the purposes of these regulations.

(5)  If subregulation (3)(c) applies –

(a) the reviewing authority must make a new administrative decision in place of the decision that has been set aside; and

(b) the new administrative decision forms part of the determination for the purposes of these regulations.

(6)  A determination under this regulation is to be made within –

(a) 14 days after the application is lodged; or

(b) if within the period specified in paragraph (a) the reviewing authority gives the applicant notice in accordance with regulation 6(6) that further information or evidence is required, 14 days after the reviewing authority is given the further information or evidence.

(7)  The period in which a determination may be made may be extended for one further period not exceeding 28 days if the reviewing authority gives notice of the extension to the applicant within –

(a) the 14-day period specified in subregulation (6)(a) ; or

(b) if notice of an extension has not been given under paragraph (a) and further information has been requested under regulation 6(6) , the 14-day period specified in subregulation (6)(b) .

(8)  If a determination is not made within the period provided by subregulation (6) or, if applicable, the further period provided by subregulation (7) , the reviewing authority is taken to have made a determination to affirm the administrative decision to which the application relates.

(9)  The reviewing authority must give an applicant notice of a determination as soon as practicable after it has been made or, in a case to which subregulation (8) applies, taken to have been made.

(10)  A notice under subregulation (2) or (9) is to –

(a) give reasons for the finding or determination; and

(b) if applicable, inform the applicant of the applicant’s right to have the decision reviewed and the procedure for applying for a review.