"decision" has the same meaning as in the Administrative Appeals
Tribunal Act 1975 .
"Tribunal" means the Administrative Appeals Tribunal.
- (2)
- An organisation
affected by a decision of the Minister:
- (a)
- under section 10AB refusing to
approve the organisation as an approved operator of hostels; or
- (b)
- under
section 10AC revoking the approval of the organisation as an approved operator
of hostels; or
- (c)
- under subsection 10FAA(2) revoking or suspending the
approval of a hostel or varying an agreement entered into under section 10FA
in respect of a hostel; or
- (d)
- under section 10GC refusing to approve the
organisation as an approved provider of community aged care services; or
- (e)
- under section 10GD revoking the approval of the organisation as an approved
provider of community aged care services; or
- (f)
- under section 10GK revoking
the approval of a grant of financial assistance to the organisation; or
- (g)
- under section 10GM, varying an agreement entered into under section 10GG;
may apply, in writing, to the Minister for a reconsideration of that decision
by the Minister.
- (3)
- The application must be made within 28 days after the
organisation receives notice of the decision.
- (4)
- If the organisation applies
for reconsideration of the decision, the Minister may affirm or revoke the
decision or vary it as he or she thinks fit.
- (5)
- An application may be made
to the Tribunal for review of a decision of the Minister under subsection (4).
- (6)
- Within 28 days after the Minister makes a decision of a kind referred to
in subsection (4), the Minister must cause the following material to be given
to the organisation:
- (a)
- a copy of the decision;
- (b)
- a statement to the
effect that, subject to the Administrative Appeals Tribunal Act 1975 ,
application may be made to the Administrative Appeals Tribunal for review of
the decision;
- (c)
- a statement that, except where subsection 28(4) of that Act
applies, the organisation may request a statement under section 28 of that
Act.
- (7)
- Failure to comply with subsection (6) does not affect the validity
of the Minister's decision.
- (8)
- Without prejudice to the effect of the repeal
of section 10AB, 10AC, 10FAA, 10GC, 10GD, 10GK or 10GM on a decision of the
Minister of a kind referred to in subsection (1) of this section, that repeal
does not affect:
- (a)
- a reconsideration of that decision under this section;
or
- (b)
- any review by the Administrative Appeals Tribunal following an
application under subsection (7) of this section.
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