Document ID: chunk:federal_register_of_legislation:F2024C00984:reg:73
Version: federal_register_of_legislation:F2024C00984
Segment Type: reg
Provision Reference: reg 73
Character Range: 135819–138261

73  Internal review

Initial internal review
 (1) If a reviewable decision is made, the person affected by the decision may apply, in writing, to the Secretary for review of the decision.
 (2) The application must:
 (a) be made within:
 (i) 10 business days after the applicant received notice under this instrument of the reviewable decision; or
 (ii) such longer period (if any) allowed by the Secretary; and
 (b) set out the reasons for making the application.
 (3) A person authorised under subsection (6) must, within 10 business days after receiving the application:
 (a) review the reviewable decision; and
 (b) make a decision (the initial review decision):
 (i) to affirm or vary the reviewable decision; or
 (ii) to revoke the reviewable decision, and make any other decision that the person thinks appropriate; and
 (c) give the applicant written notice of the initial review decision.

Further internal review
 (4) The applicant may, within 10 business days after receiving notice of the initial review decision under paragraph (3)(c), request the Secretary, in writing to review the initial review decision.
 (5) The Secretary, or a person authorised under subsection (6), (the further reviewer) must, within 10 business days after receiving the request under subsection (4):
 (a) review the initial review decision and decide (the further review decision):
 (i) to affirm or vary the initial review decision; or
 (ii) to revoke the initial review decision, and make any other decision that the further reviewer thinks appropriate; and
 (b) give written notice to the applicant of the further review decision.

Persons authorised by the Secretary
 (6) The Secretary may, in writing, authorise an SES employee, or an acting SES employee, in the Department to act under subsection (3) or (5).
 (7) However:
 (a) a person must not review a reviewable decision under subsection (3) if the person was involved in making the reviewable decision; and
 (b) a person must not review an initial review decision under subsection (5) if the person was involved in making:
 (i) the initial review decision; or
 (ii) the reviewable decision to which the initial review decision relates.

Discretion to suspend any services to which the review relates
 (8) If an application or request for review is being considered under this section, the Commonwealth may suspend any services under this instrument to which the reviewable decision relates.