INSURANCE ACT 1973 - SECT 63 Review of certain decisions
INSURANCE ACT 1973 - SECT 63
Review of certain decisions"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .
"decision maker" , in relation to a reviewable decision, means APRA.
"person affected by a reviewable decision" , in relation to a reviewable decision of a decision maker, means:
(a) in the case of a determination under subsection 93(3)--Lloyd's or any Lloyd's underwriter; or
(b) in any other case--the person in relation to whom the decision was made.
"reviewable decision" means a decision of APRA that is a decision to which, under this Act, this Part applies.
(2) A person affected by a reviewable decision who is dissatisfied with the decision may, by notice in writing given to the decision maker within the period of 21 days after the day on which the decision first comes to the notice of the person, or within such further period as the decision maker allows, request the decision maker 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 decision maker shall reconsider the decision and may, subject to subsection (5), confirm or revoke the decision or vary the decision in such manner as the decision maker thinks fit.
(5) Where the decision maker does not confirm, revoke or vary a decision before the expiration of the period of 21 days after the day on which the decision maker received the request under subsection (2) to reconsider the decision, the decision maker shall, upon the expiration of that period, be deemed to have confirmed the decision under subsection (4).
(6) Where the decision maker confirms, revokes or varies a decision before the expiration of the period referred to in subsection (5), the decision maker shall, by notice served on the person who made the request, inform the person of the result of the decision maker's reconsideration of the decision, set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the decision maker's reasons for confirming, revoking or varying the decision, as the case may be.
(7) Applications may be made to the Administrative Appeals Tribunal for review of decisions of a decision maker that have been confirmed or varied under subsection (4).
(8) Where a decision is deemed, by reason of the operation of subsection (5), to be confirmed, section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period commencing on the day on which the decision is deemed to be confirmed and ending on the twenty - eighth day after that day.
(9) Where a person makes a request under subsection (2) in respect of a reviewable decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for a review of that decision.
(12) A non - presidential member of the Administrative Appeals Tribunal shall not sit as a member of the Administrative Appeals Tribunal for the purposes of a review of a reviewable decision, or for the purposes of a request under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 in respect of such a decision, if he or she is a director or employee of:
(a) an entity of any kind carrying on (whether in Australia or elsewhere) insurance business or life insurance business; or
(b) if an entity referred to in paragraph (a) is a body corporate--a body corporate that is related to it.
(12A) The question whether 2 bodies corporate are related to each other for the purposes of paragraph (12)(b) is to be determined in the same way as that question is determined for the purposes of the Corporations Act 2001 .
(13) An order shall not be made under subsection 41(2) of
the Administrative Appeals Tribunal Act 1975 in respect of a
reviewable decision except by the Administrative Appeals Tribunal.