Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:3_203fb
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 3 cl 203FB
Character Range: 463861–466390

203FB  Review of assistance decisions

Person may apply for review

 (1) An Aboriginal person or Torres Strait Islander affected by a decision of a representative body not to assist him or her in the performance of its facilitation and assistance functions under section 203BB may apply to ATSIC for review of the decision.

Note: The Aboriginal person or Torres Strait Islander is able to obtain a statement of reasons etc. for the decision from the representative body under section 13 of the Administrative Decisions (Judicial Review) Act 1977.

Appointment of person to conduct the review

 (2) As soon as practicable after receiving the application, ATSIC must appoint to conduct the review a person who, in ATSIC's opinion, has skills or knowledge in relation to matters of substantial relevance to the conduct of the review.

Review of decision

 (3) Subject to subsection (4), the person appointed must review the decision and report to ATSIC whether:
 (a) the decision should be affirmed; or
 (b) ATSIC should make a grant of money under section 203FE to a person or body for the purpose of performing specified facilitation and assistance functions of a representative body in relation to the matter to which the decision relates.

Failure to use internal review procedures

 (4) The person appointed may refuse to review the decision if satisfied that the applicant did not, before applying for the review, make all reasonable efforts to seek a review by the representative body of its decision.

Report to be given within 3 months

 (5) The person appointed must give the report referred to in subsection (3) to ATSIC within 3 months after the day on which he or she was appointed, or within such other period as ATSIC allows (whether or not the 3 months have expired).

Inviting submissions

 (6) Before reviewing the decision, the person appointed must invite the representative body that made the decision to make a submission in relation to the decision. The invitation must specify a period of not less than 14 days within which submissions must be made.

Action to be taken by ATSIC

 (7) ATSIC must, within one month of the end of the period referred to in subsection (5):
 (a) affirm the decision; or
 (b) make a grant of money under section 203FE as mentioned in paragraph (3)(b) of this section.

Notice of decision on review

 (8) ATSIC must give the applicant and the representative body written notice of its decision under subsection (7). The notice must include the reasons for that decision.