Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:5_380ca
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 5 cl 380CA
Character Range: 366552–369093

380CA  Review of decision not to carry out investigation
 (1) If the Review Council is asked under section 380CC to review a decision of the Authority under subsection 370CF(1) not to carry out an investigation in respect of a particular kind of injury, disease or death, the Review Council must consider:
 (a) the reasons given by the Authority for making the decision; and
 (b) the information on which the Authority relied in making that decision; and
 (c) the grounds on which the request for the review was made and any submission made in support of those grounds.
 (2) If, after considering the matters referred to in paragraphs (1)(a), (b) and (c), the Review Council is of the view that:
 (a) there appears to be a new body of sound medical‑scientific evidence in respect of that kind of injury, disease or death that has not been previously considered by the Authority; and
 (b) that new body of evidence, together with the sound medical‑scientific evidence available to the Authority, could justify the making of a Statement of Principles, or an amendment of the Statement of Principles already determined, in respect of that kind of injury, disease or death;
the Review Council must, by notifiable instrument, make a declaration to that effect giving the reasons for its decision and directing the Authority to carry out an investigation under subsection 370CE in respect of that kind of injury, disease or death. The Review Council may include in the declaration any recommendation or direction that the Review Council considers fit to make about the carrying out of the investigation.
 (3) If, after considering the matters referred to in paragraphs (1)(a), (b) and (c), the Review Council is not of the view referred to in subsection (2) in respect of that kind of injury, disease or death, the Review Council must, by notifiable instrument, make a declaration:
 (a) affirming the decision of the Authority not to carry out the investigation; and
 (b) giving the reasons for its decision.
The Review Council may include in the declaration any recommendation that it considers fit to make about any future investigation that the Authority may carry out in respect of that kind of injury, disease or death.
 (4) The Review Council must give a copy of the notifiable instrument made under subsection (2) or (3) to:
 (a) the person or organisation that asked for the review; and
 (b) the Commission (if it is not the person referred to in paragraph (a) of this subsection); and
 (c) the Authority.

Division 2—Requests for review