Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p47
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 47/48)
Character Range: 142760–145412

decision to which an application relates to a Committee.
(4) CSC may also, on its own motion, refer a decision of a delegate to a Committee.
(5) After taking into account, in relation to a decision referred to a Committee:
     (a) the recommendations of the Committee; and
     (b) any other matter that CSC considers relevant;
CSC must, by instrument in writing setting out the reasons for so doing, affirm or vary the decision or set it aside and substitute another decision for it.
(6) CSC must make a copy of an instrument referred to in subrule (5) available to the applicant.
Reconsideration of decision made by CSC
77. (1) A person affected by a decision made by CSC (including a decision under subrule 76 (5)) may apply to CSC for a reconsideration of that decision.
(2) An application must:
     (a) be in writing addressed to CSC; and
     (b) set out particulars of the decision that the person wishes to be reconsidered; and
     (c) specify the grounds for reconsideration of those particulars; and
     (d) be accompanied by the prescribed fee.
(3) A decision is to be reconsidered only if there is evidence relevant to the decision that was not previously taken into account by CSC in making the decision.
(4) If an application is not supported by evidence in accordance with subrule (3), CSC must dismiss the application.
(5) The dismissal of an application in respect of a decision does not preclude the applicant from subsequently submitting another application in respect of the decision.
(6) If CSC does not dismiss an application under subrule (4), CSC must refer the decision to which the application relates to a Committee.
(7) CSC may also, on its own motion, refer any of its decisions to a Committee.
(8) After taking into account, in relation to a decision referred to a Committee:
     (a) the recommendation of the Committee; and
     (b) any other matter that CSC considers relevant;
CSC must, by instrument in writing setting out the reasons for so doing, affirm or vary the decision or set it aside and substitute another decision for it.
(9) CSC must make a copy of an instrument referred to in subrule (8) available to the applicant.
Content of statements of reasons for decisions
78. Where CSC is required by a provision of this Part to give written reasons for a decision made by it, the instrument giving the reasons must also set out the findings on material questions of fact and refer to the evidence or other material on which those findings were based.
Interpretation
79. For the purposes of this Part, a determination or a decision of the Incapacity Classification Committee under Subdivision A of Division 2