Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_7:p2
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 2/10)
Character Range: 611505–614244

under Chapter 3: see subsection 238‑1(2A).

209‑5  Reviewer may reconsider reviewable decisions
 (1) The *reviewer of a *reviewable decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.
 (2) The *reviewer may reconsider the decision even if:
 (a) an application for reconsideration of the decision has been made under section 209‑10; or
 (b) the decision has been confirmed, varied or set aside under section 209‑10 and an application has been made under section 212‑1 for review of the decision.
 (2A) If an application has been made under section 212‑1 for review of a *reviewable decision, section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the decision if:
 (a) the application is referred to the *guidance and appeals panel under section 122 of that Act; or
 (b) a *guidance and appeals panel application is taken to be made because the Administrative Review Tribunal's decision on the review is referred to the guidance and appeals panel under section 128 of that Act.
 (3) After reconsidering the decision, the *decision maker must, subject to subsection (2A):
 (a) confirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.
 (4) The *reviewer's decision (the decision on review) to confirm, vary or set aside the decision takes effect:
 (a) on the day specified in the decision on review; or
 (b) if a day is not specified—on the day on which the decision on review was made.
 (5) The *reviewer must give written notice of the decision on review to the person to whom that decision relates.
 (6) The notice:
 (a) must be given within a reasonable period after the decision is made; and
 (b) must contain a statement of the reasons for the *reviewer's decision on review.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.

209‑10  Reconsideration of reviewable decisions on request
 (1) A person whose interests are affected by a *reviewable decision may request the *reviewer to reconsider the decision.
 (2) The person's request must be made by written notice given to the *reviewer within 28 days, or such longer period as the reviewer allows, after the day on which the person first received notice of the decision.
 (3) The notice must set out the reasons for making the request.
 (4) After receiving the request, the *reviewer must reconsider the decision and:
 (a) confirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.
 (4A) Despite subsection (4), the *reviewer is not required to reconsider the decision if: