Document ID: chunk:federal_register_of_legislation:F2024C00993:reg:26
Version: federal_register_of_legislation:F2024C00993
Segment Type: reg
Provision Reference: reg 26
Character Range: 29212–31562

26  Review of Secretary's decisions

Decisions to which this section applies
 (1) This section applies to decisions of the Secretary under the following provisions of this Instrument:
 (a) subsection 21(1);
 (b) subsection 21(3);
 (c) subsection 22(7).

Secretary must give notice of decision
 (2) After making a decision referred to in subsection (1), the Secretary must give each person or organisation referred to in subsection (3) a signed notice that states:
 (a) the decision; and
 (b) the day when the decision has effect; and
 (c) the reasons for the decision; and
 (d) that, within 28 days after receiving the notice (or such longer period allowed by the Secretary), the person or organisation may apply to the Secretary for a review of the decision; and
 (e) how the person or organisation may apply for the review.
 (3) For subsection (2), the persons or organisations are:
 (a) for a decision under subsection 21(1) or (3):
 (i) the participating person; and
 (ii) the individual; and
 (b) for a decision under subsection 22(7):
 (i) the participating person; and
 (ii) the organisation.

Aggrieved person or organisation may seek internal review of decision
 (4) A person or organisation that is aggrieved by a decision of the Secretary referred to in subsection (1) may apply for a review of the decision.
 (5) An application under subsection (4) must:
 (a) be made by written notice given to the Secretary;
 (b) be made within:
 (i) 28 days after the day on which the person or organisation received notice of the decision; or
 (ii) if the Secretary allows a longer period (whether before or after the end of the 28‑day period referred to in subparagraph (i))—that longer period; and
 (c) set out the reasons for making the request.
 (6) If an application is made under subsection (4), the Secretary must review the decision and give the person or organisation a signed notice that states:
 (a) the decision; and
 (b) the day when the decision has effect; and
 (c) the reasons for the decision; and
 (d) that the person may apply to the Administrative Review Tribunal for a review of the Secretary's decision.

External merits review
 (7) An application may be made to the Administrative Review Tribunal for the review of the Secretary's decision mentioned in subsection (6).

Part 6—Application, transitional and saving provisions