Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:37g
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 37G
Character Range: 48605–50539

37G  Review by Chief of the Defence Force or Secretary
 (1) This section applies if:
 (a) a person (the applicant) makes an application under section 37C; and
 (b) an authorised application officer makes any of the following decisions (a reviewable decision):
 (i) a decision not to issue a stop sexual harassment direction in relation to the application;
 (ii) a decision to issue a stop sexual harassment direction in relation to the application, if the applicant is dissatisfied with the direction;
 (iii) a decision not to deal with the application, or not to refer the application to another authorised application officer, under subsection 37D(3).
 (2) The applicant may, within 14 days after the reviewable decision was made, ask either the Chief of the Defence Force or the Secretary (the reviewer) to review the reviewable decision.
 (3) A request under subsection (2) must be in writing.
 (4) If the applicant makes a request under subsection (2), the reviewer:
 (a) must start dealing with the request within 14 days of the applicant making the request; and
 (b) must reconsider the reviewable decision; and
 (c) may, while reconsidering the reviewable decision, exercise any powers of an authorised application officer under section 37E (interim directions); and
 (d) must make a decision on the review within 60 days of the applicant making the request; and
 (e) must affirm, vary or set aside the reviewable decision; and
 (f) if the reviewable decision is set aside—may make such other decision as the reviewer thinks appropriate; and
 (g) may exercise any of the powers of an authorised application officer under this Part for the purposes of giving effect to the reviewer's decision on the review.
 (5) If the reviewer does not make a decision on the review within the period mentioned in paragraph (4)(d), the reviewer is taken to have made, at the end of that period, a decision to affirm the reviewable decision.