Document ID: chunk:federal_register_of_legislation:F2021C00237:reg:7:p35
Version: federal_register_of_legislation:F2021C00237
Segment Type: reg
Provision Reference: reg 7 (pt 35/46)
Character Range: 130062–133089

the period the contributions were held in the PSSAP Fund.
       Note:   Among other things, Rule 5.5.3 covers the situation where a member contributes an amount that exceeds the non‑concessional contribution cap and CSC must return that amount, in accordance with the SIS Act.

PART 6 — REVIEW OF DECISIONS

Division 1  Reconsideration Advisory Committees

   Establishing Reconsideration Advisory Committees

 6.1.1 CSC will establish one or more Reconsideration Advisory Committees comprising people with such qualifications as CSC determines and may refer a decision of CSC, or of a delegate of CSC, to be considered by a Reconsideration Advisory Committee.  A member of a Reconsideration Advisory Committee may also be a director of CSC.
 6.1.2 Subject to CSC directions, a Reconsideration Advisory Committee will regulate its own affairs.

   CSC responsibilities to Reconsideration Advisory Committees

 6.1.3 Where CSC has referred a decision in relation to PSSAP to a Reconsideration Advisory Committee, CSC is to provide the Committee with all relevant evidence and information.

  Recommendation by Reconsideration Advisory Committees

 6.1.4 Where CSC has referred a decision in relation to PSSAP to a Reconsideration Advisory Committee for review and to make a recommendation to CSC, the Committee is to review the decision and make a recommendation to CSC whether the decision should be affirmed, varied, substituted or set aside.

Division 2  Reconsidering delegate's decisions

   Request for reconsideration

 6.2.1 A person affected by a decision in relation to PSSAP made by a delegate of CSC may request CSC to reconsider the original decision.
 6.2.2 A request for reconsideration must be made in writing, or any other form acceptable to CSC, and must set out the particulars of the decision to be reconsidered.

   Reconsideration of decision of delegate

 6.2.3 Where CSC accepts a request to reconsider a decision of a delegate of CSC in relation to PSSAP, CSC must:
           (a) if CSC has delegated to a Reconsideration Advisory Committee CSC's power to determine the matter, refer the request to the Committee for review and to exercise that power and in that event the Committee must review the decision and determine the matter in accordance with the delegated power by:
              (i) affirming the decision under review;
              (ii) varying the decision;
              (iii) substituting another decision; or
              (iv) setting the decision aside; or
           (b) itself review the decision and decide whether to affirm the decision, vary the decision, substitute another decision or set the decision aside, after considering the recommendation of a Reconsideration Advisory Committee, if any, if, at its discretion, it has referred the request to the Committee for review and to make a recommendation in relation to the decision.

   Decision to be notified to affected person

 6.2.4 The decision of CSC or the Reconsideration Advisory Committee under Rule 6.2.3