Document ID: chunk:federal_register_of_legislation:C2025C00176:section:115k
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 115K
Character Range: 353580–356135

115K  Internal review of decisions

Application for internal review
 (1) A person whose interests are affected by a reviewable decision may apply to the Minister for a review of the decision within 28 days after the person is notified of the decision.
Note: For reviewable decision, see subsection (9).
 (2) The application must:
 (a) be in writing; and
 (b) be in the form approved by the Secretary under subsection (8); and
 (c) contain the information, and be accompanied by any documents, that the form requires.
 (3) Subsection (1) does not apply to a reviewable decision that is made by the Minister personally.

Review of decision
 (4) On application for review of a reviewable decision, the Minister must:
 (a) review the decision; and
 (b) affirm, vary or revoke the decision.
 (5) The Minister must give the applicant written notice of the Minister's decision to affirm, vary or revoke the reviewable decision within 90 days after receiving the application.
 (6) The notice must:
 (a) include the reasons for the decision; and
 (b) set out the applicant's review rights under section 115L.
Note: Section 115M deals with disclosing reasons for decisions.
 (7) The Minister is taken to have decided to affirm the reviewable decision if the Minister does not give the applicant such a notice within that period.

Approved form
 (8) The Secretary may, in writing, approve a form for the purposes of paragraph (2)(b). The Secretary must cause the form to be published on the Department's website.

Reviewable decision
 (9) Each of the following decisions is a reviewable decision:
 (a) a decision under section 115C to refuse to grant an individual an authorisation;
 (b) a decision under section 115C to grant an individual a foreign work authorisation that is different from the authorisation requested;
 (c) a decision under section 115C to grant an individual a foreign work authorisation subject to one or more conditions;
 (d) a decision under section 115E to cancel a foreign work authorisation, except at the request of an individual;
 (e) a decision under section 115F to suspend a foreign work authorisation;
 (f) a decision under section 115G to vary a foreign work authorisation on the Minister's own initiative;
 (g) a decision under section 115H to refuse to vary a foreign work authorisation;
 (h) a decision under section 115H to vary a foreign work authorisation granted to an individual in a way that is different from the variation requested (including because one or more conditions for the authorisation are varied or imposed).