Document ID: chunk:federal_register_of_legislation:C2024A00104:section:562
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 562
Character Range: 805549–807715

562  Reconsideration of reviewable decision on initiative of decision‑maker
 (1) This section applies if the decision‑maker for a reviewable decision decides under section 561 to reconsider the decision.
 (2) The decision‑maker must, within 14 days after commencing reconsideration of the reviewable decision, give each affected entity for the decision written notice that:
 (a) states that the decision is being reconsidered; and
 (b) specifies the day the reconsideration commenced; and
 (c) sets out the effect of section 565.
 (3) The decision‑maker must:
 (a) personally reconsider the decision; or
 (b) cause the decision to be reconsidered by a delegate of the decision‑maker who:
 (i) was not involved in making the decision; and
 (ii) occupies a position that is at least the same level as that occupied by the person who made the decision.
 (4) The person who reconsiders the decision is the internal decision reviewer.
 (5) The internal decision reviewer must:
 (a) have due regard to procedural fairness; and
 (b) for reconsideration of a reviewable decision made under subsection 78(1) to establish a classification level for an individual for a classification type for a service group—consider:
 (i) any report of a classification assessment for the individual for the service group given to the System Governor under section 77; and
 (ii) any information given to the System Governor as referred to in subparagraph 76(1)(a)(ii) or (b)(ii); and
 (c) within 90 days after deciding to reconsider the decision, reconsider the reviewable decision.
 (6) In reconsidering a decision made under subsection 78(1) or 83(1) for the classification type ongoing or short‑term for the service group residential care:
 (a) the System Governor must arrange a new classification assessment for the individual to be undertaken as if paragraph 75(1)(b) applies in relation to the individual; and
 (b) the internal decision reviewer must take that assessment into account before making a reconsideration decision.
 (7) If the individual cannot be assessed for the purposes of the reconsideration, the internal decision reviewer must not make a reconsideration decision.