Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p23
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 58481–61277

ask the Review Council to review the decision of the Authority not to carry out the investigation.

  "(2) The request must:

  (a) be in a form approved by the Review Council; and

  (b) state the grounds on which the review is sought; and

     (c) be lodged at an office of the Department, together with any submission that the person or organisation wishes to submit in support of those grounds.

"(3) The Secretary must send the request and any accompanying material to the Review Council, and notify the Repatriation Medical Authority of the request, within 28 days.

Submissions to Review Council

"196ZA.(1) If the Review Council is carrying out a review under subsection 196W(2), any person referred to in paragraph 196Y(1)(a) or (b), or an organisation referred to in paragraph 196Y(1)(c), may make a submission in writing to the Council about any information that was available to the Repatriation Medical Authority and is relevant to the review ('relevant information').

"(2) A person having expertise in a field relevant to the investigation may make a submission in writing to the Review Council on any relevant information pertaining to that field.

"(3) If an individual, the Commission or an organisation has made a written submission, the individual or his or her representative, or a representative of the Commission or of the organisation may, subject to subsection (5), appear before the Review Council to make an oral submission complementing the written submission.

"(4) If the Review Council is carrying out a review under subsection 196W(6) at the request of an individual, the Commission or an organisation, the individual or his or her representative, or a representative of the Commission or of the organisation may, subject to subsection (5), appear before the Review Council to make an oral submission complementing the written submission (if any) lodged under paragraph 196Z(2)(c).

"(5) A person or organisation may not be represented before the Review Council by a legal practitioner.

"(6) In this section, a reference to a submission does not include a submission on a legal matter.

Notice of investigation

"196ZB.(1) As soon as practicable after the Review Council has been asked under section 196Y to review:

     (a) a decision of the Repatriation Medical Authority to make or not to make a Statement of Principles; or

     (b) a review of the contents of a Statement of Principles in respect of a particular kind of injury, disease or death;

the Council must publish in the Gazette a notice:

     (c) stating that the Council intends to carry out a review of the information available to the Authority about that kind of injury, disease or death; and

     (d) inviting persons or organisations authorised under subsection 196ZA(1) to do so to make