LIFE INSURANCE ACT 1995 - SECT 236 Review of certain decisions

LIFE INSURANCE ACT 1995 - SECT 236

  (1)   In this section:

"reviewable decision" means any of the following decisions:

  (aaa)   a decision under section   7A that applies to a particular person;

  (a)   a declaration under subsection   12(2);

  (aa)   a declaration under subsection   12A(1) or 12B(2);

  (b)   a declaration under subsection   14(5);

  (c)   a declaration under subsection   15(4);

  (ca)   a determination under subsection   16C(2);

  (cb)   a variation or revocation, under subsection   16C(3), of a determination under subsection   16C(2);

  (cc)   a decision under section   16E;

  (cd)   a refusal to give an approval under subsection   16L(3) or 16Q(3);

  (ce)   a decision under subsection   16R(2) to give a notice;

  (cf)   a determination of an amendment, or a refusal to approve an amendment, under subsection   16R(4);

  (cg)   a refusal to give an approval under subsection   16U(3);

  (ch)   a decision under subsection   16V(2) to give a notice;

  (ci)   a refusal to approve consequential amendments under subsection   16V(4);

  (cj)   a determination of consequential amendments under subsection   16V(5);

  (ck)   a refusal to register a company under section   21;

  (d)   a decision under subsection   22(1);

  (e)   a decision to vary a condition under subsection   22(3) or (4);

  (f)   a refusal to revoke or vary a condition under subsection   22(4);

  (g)   a decision to revoke registration under subsection   26(1);

  (ga)   a refusal to revoke the registration of a company under section   27;

  (gaa)   a decision to give a direction under subsection   27A(1);

  (gab)   a refusal to approve a proposed assignment under subsection   27A(4);

  (gac)   a decision to impose conditions on an approval under subsection   27A(4);

  (gb)   a refusal of an application for registration of a body corporate under section   28A;

  (gc)   a decision to impose conditions, or additional conditions, on a NOHC registration;

  (gd)   a decision to vary conditions imposed on a NOHC registration;

  (ge)   a decision to revoke under section   28C a NOHC registration;

  (gf)   a decision to give a notice under subsection   28AA(2);

  (h)   a refusal to give an approval under paragraph   31(c);

  (ha)   a refusal to give an approval under subsection   40(1);

  (hb)   a decision to impose conditions on an approval granted under subsection   40(1);

  (hc)   a refusal to give an approval under paragraph   43(3)(c);

  (hca)   a refusal to give an approval under subsection   43A(2);

  (hd)   a refusal to give an approval under paragraph   48(8)(b);

  (k)   a refusal to give an approval under prudential standards referred to in section   52;

  (l)   a refusal to give an approval under prudential standards referred to in section   53;

  (la)   a refusal to give an approval under paragraph   62(1)(c);

  (m)   a refusal to give an approval under subsection   62(4);

  (n)   a refusal to give an approval under subsection   63(2);

  (o)   a refusal to give an approval under paragraph   76A(1)(b);

  (p)   a decision to give an approval under paragraph   76A(1)(b) subject to conditions;

  (u)   a refusal to give an approval under subsection   77(6);

  (v)   a decision under section   86 to make a declaration that a person is ineligible to hold an appointment as an auditor of a life company;

  (w)   a decision under section   94A to make a declaration that a person is ineligible to hold an appointment as actuary of a life company;

  (za)   a decision to give a direction under section   125A;

  (zh)   a requirement under subsection   131(1);

  (zi)   a requirement under subsection   132(1);

  (zn)   a direction under subsection   198(3);

  (zna)   a refusal under section   208 to suspend or vary a life company's obligation to make payments;

  (zo)   a decision under subsection   216(10);

  (zp)   a decision under section   230A to make, vary or revoke a standard referred to in paragraph   230A(1)(c);

  (zq)   a decision to give a direction under section   230B as a result of the ground referred to in paragraph   230B(1)(a), (b), (c) or (d);

  (zr)   a decision to give a direction under subsection   230B(1AA) as a result of the ground referred to in paragraph   230B(1AA)(a), (b) or (c);

  (zs)   a decision to give a direction under subsection   230B(1AC) as a result of the ground referred to in paragraph   230B(1AC)(a) or (b), to the extent that the paragraph relates to a ground referred to in paragraph   230B(1AA)(a), (b) or (c);

  (zt)   a decision that:

  (i)   is made under the regulations; and

  (ii)   is prescribed by the regulations for the purposes of this subparagraph.

  (2)   A person affected by a reviewable decision may request the Regulator to reconsider the decision.

  (3)   The request must be made by written notice given to the Regulator 21 days after the person first receives notice of the decision, or within such further period as the Regulator allows.

  (4)   The request must set out the reasons for making the request.

  (5)   On receipt of the request, the Regulator must reconsider the decision and may, subject to subsection   (6), confirm or revoke the decision or vary the decision in such manner as the Regulator thinks fit.

  (6)   If the Regulator does not confirm, revoke or vary a decision within 60 days after the Regulator received the request under subsection   (2) to reconsider the decision, the Regulator is taken to have confirmed the decision under subsection   (5) on the last day of that period.

  (7)   If the Regulator confirms, revokes or varies a decision before the end of the period referred to in subsection   (6), the Regulator must give written notice to the person telling the person:

  (a)   the result of the reconsideration of the decision; and

  (b)   the reasons for confirming, revoking or varying the decision, as the case may be.

  (8)   Application may be made to the Administrative Appeals Tribunal for review of a decision of the Regulator that has been confirmed or varied under subsection   (5).

  (9)   If a decision is taken to be confirmed because of subsection   (6), 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 of 28 days beginning on the day on which the decision is taken to be confirmed.

  (10)   If a request is made under subsection   (3) 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.