Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_7:p1
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/10)
Character Range: 608944–611767

7                     A decision that the *Higher Education Tuition Protection Director is not satisfied that there is a suitable *replacement course for a student                                        paragraph 166‑26B(2)(b)                 the Higher Education Tuition Protection Director

Note 1: The decisions referred to in items 1A, 1BA, 1BB, 1B, 1C, 1D and 2 of the table are made by a higher education provider on the Secretary's behalf.
Note 2: The decisions referred to in item 2A of the table are made by Open Universities Australia on the Secretary's behalf.

206‑5  Deadlines for making reviewable decisions
  If:
 (a) this Act provides for a person to apply to a *decision maker to make a *reviewable decision; and
 (b) a period is specified under this Act for giving notice of the decision to the applicant; and
 (c) the decision maker has not notified the applicant of the decision maker's decision within that period;
the decision maker is taken, for the purposes of this Act, to have made a decision to reject the application.

206‑10  Decision maker must give reasons for reviewable decisions
 (1) If this Act requires the *decision maker to notify a person of the making of a *reviewable decision, the notice must include reasons for the decision.
 (2) Subsection (1) does not affect an obligation, imposed upon the *decision maker by any other law, to give reasons for a decision.

Division 209—How are decisions reconsidered?

209‑1  Reviewer of decisions
 (1) The reviewer of a *reviewable decision is:
 (a) if the *decision maker was a higher education provider acting on behalf of the *Secretary—the Secretary; or
 (b) if the *decision maker was *Open Universities Australia acting on behalf of the *Secretary—the Secretary; or
 (c) in any other case—the decision maker, but see subsection (2).
 (2) If:
 (a) a *reviewable decision was made by a delegate of a *decision maker; and
 (b) the decision is to be reconsidered by a delegate of the decision maker;
then the delegate who reconsiders the decision must be a person who:
 (c) was not involved in making the decision; and
 (d) occupies a position that is senior to that occupied by any person involved in making the decision.
Note 1: The Secretary may delegate to a review officer of a higher education provider the power to reconsider reviewable decisions made under subsection 36‑12(2) or 36‑20(1) or Chapter 3: see subsection 238‑1(2).
Note 2: The Secretary may also delegate to a review officer of Open Universities Australia the power to reconsider reviewable decisions made under Chapter 3: see subsection 238‑1(2A).

209‑5  Reviewer may reconsider reviewable decisions
 (1) The *reviewer of a *reviewable decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.
 (2) The *reviewer may