Document ID: chunk:federal_register_of_legislation:F2024C01079:schedule:2:p25
Version: federal_register_of_legislation:F2024C01079
Segment Type: schedule
Provision Reference: sch 2 (pt 25/28)
Character Range: 129371–133859

with an application or with a request for review under Division 2 because it was not made on time.
    c.                                                                                       A decision to refuse to act on a recommendation about approving a capability payment rate.
    d.                                                                                       A decision to approve a capability payment rate.
    e.                                                                                       A decision to change or revoke a capability payment rate.

Division 2: Applicant may request a review

7.2.1 Applicant may request a review
   An applicant who is not satisfied with a reviewable decision can request the review of the decision, and the application to which it relates.

7.2.2 How to request a review
1.  A request for a review under this Division must meet all of the following:
    a.                                                                                                                                            It must be made in the approved form.
    b.                                                                                                                                            It must set out the grounds for requesting the review.
    c.                                                                                                                                            It must be made within 30 days after notice of the relevant reviewable decision is received by the applicant.
2.  Despite paragraph 1.c, the CDF may accept a request for a review after 30 days if satisfied that exceptional circumstances justify doing so.

7.2.3 Decision made after review
   After concluding the review of a decision under this Division, the CDF must do one of the following:
   a.                                                                                                    Confirm the decision.
   b.                                                                                                    Substitute a new decision, which can include any of the following:
                                                                                                         i.                                                                  An authorisation for a support payment, extended support payment or additional support payment to be made after the new decision is substituted.

                                                                                                         ii.                                                                 A requirement for the repayment of a support payment, extended support payment or additional support payment in relation to a past period.

7.2.4 Notice of review outcome
   The CDF must give the applicant who requested a review under this Division written notice of any decision made after concluding the review and include all of the following:
   a.                                                                                                                                                                            The reasons for the decision.
   b.                                                                                                                                                                            A statement that the applicant may apply to the Ombudsman to investigate the administration of the decision made.

7.2.5 Operation of decisions subject to review
1.  A reviewable decision that is subject to a review under this Division continues to operate during the review.
2.  A reviewable decision substituted by the CDF after concluding a review under this Division has effect from one of the following dates:
    a.                                                                                                                                      If a date is specified in the notice of the decision — that date, which must not be earlier than the date on which the decision the subject of the review was made.
    b.                                                                                                                                      If no date is specified in that notice — the date on which the decision the subject of the review was made.

Division 3: CDF-initiated review

7.3.1 CDF-initiated review
1.  The CDF may initiate a review of a reviewable decision, and the application or request