Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_352d
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 352D
Character Range: 196267–198374

352D  Commission to prepare report
 (1) Within 28 days after the Board notifies the Commission under section 352C of an application for review of an original determination, the Commission must:
 (a) cause a report to be prepared that refers to the evidence on which the original determination was based; and
 (b) subject to subsection (2), cause a copy of the report to be served on the applicant.
 (2) If the report contains or refers to any information, opinion or other matter that, in the opinion of the Commission:
 (a) is of a confidential nature; or
 (b) might be prejudicial to the physical or mental health or well‑being of the applicant to communicate to the applicant;
the document served on the applicant must not contain or refer to that information, opinion or other matter.
 (3) If a copy of a report is served on an applicant in accordance with subsection (1), the applicant may, within 28 days after service of the report or within such further period as the applicant may request in writing before the expiration of that period, give to the Commission in writing any comments the applicant wishes to make concerning the report.
 (4) The Commission must forward the following material to the Principal Member of the Board:
 (a) all of the relevant documents, including any comments given to the Commission by the applicant concerning the report served on the applicant;
 (b) if a further investigation has been made in consequence of the comments of the applicant—a supplementary report referring to any evidence obtained in that further investigation.
 (5) The material must be forwarded:
 (a) if the applicant gives comments in accordance with subsection (3) and no further investigation is made in consequence of those comments—as soon as practicable after receipt of those comments; or
 (b) if a further investigation is made in consequence of comments given by the applicant—as soon as practicable after the completion of that further investigation; or
 (c) in any other case—as soon as practicable after the expiration of the period or extended period referred to in subsection (3).