Document ID: chunk:federal_register_of_legislation:C2024C00628:section:11a
Version: federal_register_of_legislation:C2024C00628
Segment Type: section
Provision Reference: s 11A
Character Range: 13600–15443

11A  Reconsideration and review of certain decisions
 (1) In this section, unless the contrary intention appears:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
relevant decision means a decision of a delegate of the Minister under section 4AA or 11.
reviewable decision means:
 (a) a decision of the Minister under section 4AA or 11; or
 (b) a decision of the Minister under subparagraph (3)(a)(ii) or subsection (4).
 (2) Subject to subsection (3), a person affected by a relevant decision may request the Minister to reconsider the decision.
 (3) The request shall:
 (a) be made by notice in writing given to the Minister within:
 (i) the period of 28 days after the decision first comes to the notice of the person; or
  (ii) such further period as the Minister (whether before or after the expiration of that period of 28 days), by notice in writing served on the person, allows; and
 (b) shall set out the reasons for making the request.
 (4) The Minister shall, within 45 days after receipt of the request, reconsider the relevant decision and may:
 (a) confirm the decision;
 (b) vary the decision; or
 (c) set the decision aside and make a new decision in substitution for the decision set aside.
 (5) Where, pursuant to a request under subsection (2), the Minister reconsiders a relevant decision, the Minister shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration.
 (6) Applications may be made to the Administrative Review Tribunal for review of reviewable decisions.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires a decision‑maker to take reasonable steps to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.