Commonwealth Consolidated Acts

DISABILITY SERVICES ACT 1986 - SECT 26

             (1)  In this section, reviewable decision means a decision (within the meaning of the Administrative Appeals Tribunal Act 1975 ) of the Secretary, or a delegate of the Secretary, under this Part.

             (2)  A person affected by a reviewable decision who is dissatisfied with the decision may, by notice in writing given to the Secretary within 30 days after the day on which the decision first comes to the notice of the person, or within such further period as the Secretary allows, request the Secretary to reconsider the decision.

             (3)  There shall be set out in the request the reasons for making the request.

             (4)  Upon receipt of the request, the Secretary shall reconsider the decision and may affirm or revoke the decision or vary the decision in such manner as the Secretary thinks fit.

             (5)  Where the Secretary affirms, revokes or varies a decision, the Secretary shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration of the decision and the reasons for affirming, revoking or varying the decision, as the case may be.

Note:          Section 27A of the Administrative Appeals Tribunal Act 1975 requires a decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the Code of Practice determined under section 27B of that Act.

             (6)  Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions that have been affirmed or varied under subsection (4).