Document ID: chunk:federal_register_of_legislation:F2021C00237:reg:7:p36
Version: federal_register_of_legislation:F2021C00237
Segment Type: reg
Provision Reference: reg 7 (pt 36/46)
Character Range: 132841–135756

it has referred the request to the Committee for review and to make a recommendation in relation to the decision.

   Decision to be notified to affected person

 6.2.4 The decision of CSC or the Reconsideration Advisory Committee under Rule 6.2.3 on a reconsideration must be notified to the person requesting reconsideration of the original decision.  The notification is to include a statement of reasons for the decision.

Division 3  Reconsidering CSC Decisions

   Request for reconsideration

 6.3.1 A person affected by a decision of CSC in relation to PSSAP, including a decision under Division 2 or 4 of this Part, may request CSC to reconsider that decision.
 6.3.2 A request for reconsideration of a decision of CSC in relation to PSSAP must be made in writing and:
           (a) set out the particulars of the decision to be reconsidered;
           (b) specify the grounds for the request;
           (c) include new evidence, being evidence not previously known to CSC, supporting the grounds for the request; and
           (d) be accompanied by the fee prescribed under the Act.
 6.3.3 CSC must not proceed with a request for reconsideration of a decision of CSC in relation to PSSAP:
           (a) that does not include new evidence; or
           (b) if in the opinion of CSC, the evidence included in the request does not support the grounds specified for the request;
 and CSC may refund the fee paid.  CSC may subsequently proceed with the request if sufficient new evidence is provided.

   Clear decision in favour of person

 6.3.4 If CSC accepts a request to reconsider a decision of CSC in relation to PSSAP, CSC may decide in favour of the person seeking reconsideration without referring the request to a Reconsideration Advisory Committee or to an Assessment Panel if, after considering:
           (a) the new evidence provided with the request; and
           (b) any other evidence CSC considers relevant;
 it is satisfied there is no reasonable doubt it should decide in favour of the person.

   Reconsideration of decision of CSC

 6.3.5 Where CSC accepts a request to reconsider one of its decisions in relation to PSSAP, CSC, unless under Rule 6.3.4 it has decided in favour of the person seeking reconsideration, must:
           (a) if CSC has delegated to a Reconsideration Advisory Committee  CSC's power to determine the matter, refer the request to the Committee for review and to exercise that power and in that event the Committee must review the decision and determine the matter in accordance with the delegated power by:
              (i) affirming the decision under review;
              (ii) varying the decision;
              (iii) substituting another decision; or
              (iv) setting the decision aside; or
           (b) itself review the decision and decide whether to affirm the decision, vary the decision, substitute another decision or set