Document ID: chunk:federal_register_of_legislation:F2024L01650:clause:1_14:p1
Version: federal_register_of_legislation:F2024L01650
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 1/2)
Character Range: 7683–10645

14  After Part 4
Insert:

Part 4A—Review of decisions—assessing authority approvals

Division 4A.1—Preliminary

4.40  Definitions
  In this Part:
revocation decision means a decision of the Skills Assessment Minister under subregulation 2.26B(1BG) to revoke an approval of a person or body as an assessing authority for an occupation and one or more countries.

Division 4A.2—Reconsideration and review of decisions revoking assessing authority approval

4.41  Reconsideration of revocation decision
 (1) A person or body (the aggrieved entity) whose interests are affected by a revocation decision may request the Skills Assessment Minister to reconsider the decision.

Form and timing of request
 (2) The request must:
 (a) be in writing; and
 (b) set out the reasons for the request; and
 (c) be made within:
 (i) 30 days after the day the aggrieved entity is notified of the revocation decision; or
 (ii) if the Skills Assessment Minister allows a longer period (whether before or after the end of the 30‑day period referred to in subparagraph (i))—that longer period.

Reconsideration of decision
 (3) On receiving a request made in accordance with subregulation (2), the Skills Assessment Minister:
 (a) must review the revocation decision; and
 (b) must affirm, vary or set aside the revocation decision; and
 (c) if the Skills Assessment Minister sets aside the revocation decision—may make such other decision as the Skills Assessment Minister thinks appropriate.
 (4) The Skills Assessment Minister must do so before the end of:
 (a) the period of 30 days beginning on the day the Skills Assessment Minister receives the request, unless paragraph (b) applies; or
 (b) if the aggrieved entity and the Skills Assessment Minister agree on a longer period—that longer period.

Notice of decision on reconsideration
 (5) The Skills Assessment Minister must give the aggrieved entity written notice of the Skills Assessment Minister's decision on reconsideration and of the reasons for that decision.
 (6) The Skills Assessment Minister must give the Minister a copy of the notice.

When decision on reconsideration takes effect
 (7) The Skills Assessment Minister's decision on reconsideration takes effect:
 (a) on the day specified in the notice; or
 (b) if a day is not specified—on the day on which that decision is made.

Skills Assessment Minister may be taken to have affirmed decision
 (8) The Skills Assessment Minister is taken to have made a decision affirming the revocation decision under reconsideration if the Skills Assessment Minister has not notified the aggrieved entity of the Skills Assessment Minister's decision on reconsideration before the end of the period applicable under subregulation (4).

4.42  Reconsideration of revocation decision on own initiative
 (1) The Skills Assessment Minister may reconsider a revocation decision if satisfied that there is sufficient reason to do so.
 (2) If the Skills Assessment Minister decides