Document ID: chunk:federal_register_of_legislation:F2022N00007:reg:7
Version: federal_register_of_legislation:F2022N00007
Segment Type: reg
Provision Reference: reg 7
Character Range: 4024–5753

7  Internal review
 (1) This section sets out the process for an internal review of a reviewable decision.
 (2) The Commissioner must nominate a person to be the reviewer of the decision.
 (3) The reviewer must be the Commissioner or a person to whom the Commissioner has delegated the Commissioner's powers under subsection 220A(2) in relation to the decision.
 (4) As far as practicable, the reviewer must be a person who:
 (a) was not substantially involved in making the decision; and
 (b) is not less senior than the person who made the decision;
 (5) The reviewer must review the decision and determine the correct and preferable decision in the circumstances that applied as if the reviewer were the original decision maker.
 (6) In conducting the review, the reviewer must consider:
 (a) the facts, law and policy issues as they related to the decision; and
 (b) any new information in relation to the facts, law and policy issues that has become available.
 (7) The reviewer may request further information and documents from the applicant or other sources.
 (8) The reviewer must accord the applicant procedural fairness and conduct the review in accordance with guidelines approved by the Commissioner and published on the Commissioner's website.
 (9) The reviewer must, in the light of the review, affirm, vary or revoke the decision.
 (10) The reviewer must:
 (a) notify the applicant that the decision has been affirmed, varied or revoked; and
 (b) provide written reasons for the affirmation, variation or revocation; and
 (c) advise the applicant of any further review options that may be available.
 (11) If an application is withdrawn at any time, this section ceases to apply in relation to that application.