Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 105AAB

             (1)  In this section, reviewable decision means a decision of the Minister, or of a delegate of the Minister, under section 39BA, or 39BB, subsection 40AA(8), section 40AB or 40AC, subsection 40AD(1A) or 43A(4), section 44, subsection 44A(1A) or (4), section 45A, subsection 45E(4A) or section 45EA or subsection (2) of this section or a decision of the Minister, or of a delegate of the Minister, under section 39AC refusing to vary a statement of conditions of the kind referred to in that section.

          (1A)  This section applies in relation to a decision of the Secretary under section 45DB or 45DC as if:

                     (a)  a reference in this section to a reviewable decision included a reference to such a decision of the Secretary; and

                     (b)  a reference in this section to the Minister were a reference to the Secretary.

             (2)  A person affected by a reviewable decision who is dissatisfied with the decision may, by notice in writing given to the Minister within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the expiration of that period), by notice in writing served on the person, allows, request the Minister to reconsider the decision.

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

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

             (5)  Where the Minister does not affirm, revoke or vary a decision before the expiration of the period of 42 days after the day on which the Minister received the request under subsection (2) to reconsider the decision, the Minister shall, upon the expiration of that period, be deemed to have affirmed the decision under subsection (4).

             (6)  Where the Minister affirms, revokes or varies a decision in accordance with subsection (4), the Minister shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration and give reasons for affirming, revoking or varying the decision, as the case may be.

             (7)  Applications may be made to the Tribunal for review of:

                     (a)  reviewable decisions that have been affirmed or varied under subsection (4); or

                     (b)  a decision under subsection (4) to revoke a reviewable decision.

             (9)  Without prejudice to the effect of the repeal of section 39AC, 39BA, 39BB, 40AD, 44A, 45E or 45EA, or subsection 40AA(8), on a decision of the Minister, or a delegate 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.