Document ID: chunk:federal_register_of_legislation:C2004C01259:clause:2_116d
Version: federal_register_of_legislation:C2004C01259
Segment Type: clause
Provision Reference: sch 2 cl 116D
Character Range: 6284–7926

116D  Review of Commission's decision under subsection 116C(1)

 (1) A person who is dissatisfied with a decision of the Commission under subsection 116C(1) may, in writing, request the Commission to review the decision.

 (2) If a written request is made, the Commission must review the decision, or cause the decision to be reviewed by a person to whom the Commission has delegated its powers under this section (not being the person who made the decision).

 (3) When the Commission reviews a decision under subsection (2), it must make a written record of its decision (the review decision) upon review.

 (4) The written record must include a statement that:
 (a) sets out the Commission's findings on material questions of fact; and
 (b) refers to the evidence or other material on which those findings are based; and
 (c) provides reasons for the review decision.

 (5) If the review decision affirms or sets aside a decision under subsection 116C(1), it must give the person who requested the review of the decision:
 (a) a copy of the Commission's review decision; and
 (b) subject to subsection (6), a copy of the statement about the review decision; and
 (c) a statement that the person has a right to apply to the Administrative Appeals Tribunal for a review of the review decision.

 (6) If the statement referred to in paragraph (5)(b) contains any matter that, in the opinion of the Commission:
 (a) is of a confidential nature; or
 (b) might, if communicated to the person who requested review, be prejudicial to his or her physical or mental health or well‑being;
the copy given to the person is not to contain that matter.