Document ID: chunk:federal_register_of_legislation:F2018L00634:reg:27
Version: federal_register_of_legislation:F2018L00634
Segment Type: reg
Provision Reference: reg 27
Character Range: 35116–37263

27  Reconsideration by the Commissioner on application
 (1) Within 28 days of receiving an application under section 26 to reconsider a decision, the Commissioner must:
 (a) confirm the decision in relation to which reconsideration has been sought; or
 (b) decide to undertake a new resolution process.
 (2) If the Commissioner is satisfied that the application for reconsideration raises an issue that was not part of, or not related to, the original complaint, the Commissioner may treat the application as a fresh complaint.
 (3) If the Commissioner confirms the original decision under paragraph (1)(a), the Commissioner must notify the following, in writing, of the Commissioner's decision:
 (a) the applicant;
 (b) a person with disability affected by an issue raised in the complaint.
 (4) If the Commissioner decides to undertake a new resolution process in relation to a complaint or an issue under paragraph (1)(b):
 (a) the Commissioner must notify the following, in writing, of the Commissioner's decision:
 (i) the complainant;
 (ii) unless the Commissioner is satisfied it would be inappropriate to do so—a person with disability affected by the issue;
 (iii) the NDIS provider to which the complaint or issue relates;
 (iv) a person employed or otherwise engaged by the NDIS provider who may have an adverse finding made against the person; and
 (b) the Commissioner must complete the new resolution process:
 (i) in accordance with Subdivisions B and C; and
 (ii) within 90 days of receiving the application under section 26 to reconsider the decision.
 (5) The Commissioner may, before the end of the period referred to in subparagraph (4)(b)(ii), extend the period by up to 14 days.
 (6) If the Commissioner decides to extend the period under subsection (5), the Commissioner must notify the following of the decision, including reasons for the decision:
 (a) the complainant;
 (b) a person with disability affected by an issue raised in the complaint;
 (c) the NDIS provider to which the issue relates;
 (d) any person employed or otherwise engaged by the NDIS provider who may have an adverse finding made against the person.