Document ID: chunk:federal_register_of_legislation:C2025C00168:section:77
Version: federal_register_of_legislation:C2025C00168
Segment Type: section
Provision Reference: s 77
Character Range: 138750–140624

77  Reconsideration without application
 (1) The decision maker may reconsider a reviewable decision if the decision maker is satisfied that there is sufficient reason to do so.
 (2) The decision maker may reconsider the decision whether or not:
 (a) an application for reconsideration of the decision has been made under section 76; or
 (b) the decision has been reconsidered under section 76; or
 (c) an application has been made under section 80 for review of the reconsidered decision by the Administrative Review Tribunal.
 (2A) However, if an application has been made under section 80 for review of the decision, section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the decision if:
 (a) the application is referred to the guidance and appeals panel under section 122 of that Act; or
 (b) a guidance and appeals panel application is taken to be made because the Administrative Review Tribunal's decision on the review is referred to the guidance and appeals panel under section 128 of that Act.
 (3) After reconsidering the reviewable decision, the decision maker must, subject to subsection (2A):
 (a) confirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.
 (4) The decision maker's decision (the reconsidered decision) to confirm, vary or set aside the reviewable decision takes effect:
 (a) on the day specified in the reconsidered decision; or
 (b) if a day is not specified—on the day on which the reconsidered decision is made.
 (5) The decision maker must give written notice of the reconsidered decision to the person to whom the decision relates.
 (6) The notice:
 (a) must be given within a reasonable period after the reconsidered decision is made; and
 (b) must contain a statement of the reasons for the reconsidered decision.