Commonwealth Consolidated Acts

IMMIGRATION (GUARDIANSHIP OF CHILDREN) ACT 1946 - SECT 11A

             (1)  In this section, unless the contrary intention appears:

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

"relevant decision" means a decision of a delegate of the Minister under section 4AA or 11.

"reviewable decision" means:

                     (a)  a decision of the Minister under section 4AA or 11; or

                     (b)  a decision of the Minister under subparagraph (3)(a)(ii) or subsection (4).

             (2)  Subject to subsection (3), a person affected by a relevant decision may request the Minister to reconsider the decision.

             (3)  The request shall:

                     (a)  be made by notice in writing given to the Minister within:

                              (i)  the period of 28 days after the decision first comes to the notice of the person; or

                             (ii)  such further period as the Minister (whether before or after the expiration of that period of 28 days), by notice in writing served on the person, allows; and

                     (b)  shall set out the reasons for making the request.

             (4)  The Minister shall, within 45 days after receipt of the request, reconsider the relevant decision and may:

                     (a)  confirm the decision;

                     (b)  vary the decision; or

                     (c)  set the decision aside and make a new decision in substitution for the decision set aside.

             (5)  Where, pursuant to a request under subsection (2), the Minister reconsiders a relevant decision, the Minister shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration.

             (6)  Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions.