Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this regulation, reviewing authority means:
(a) a person appointed under subregulation (4) or (5); or
(b) a board constituted by the Secretary under subregulation (4) or (5);
as the case may be.
(2) A person aggrieved by:
(a) a decision refusing to pay compensation under regulation 57; or
(b) a decision with respect to the amount of compensation paid or offered to be paid under that regulation;
may apply in writing addressed to the Secretary for a review of the decision.
(3) An application under subregulation (2) shall:
(a) be signed by the person making the application;
(b) be made within 30 days:
(i) where the decision is deemed to have been made by virtue of subregulation 57 (3) -- after the expiration of the period of 60 days referred to in that subregulation; or
(ii) in any other case -- after receipt by the person of notification of the decision;
or within such longer period as the Secretary, within 30 days after the date on which the application was sought to be made, in writing determines; and
(c) set out the reasons for making the application.
(4) The Secretary may:
(a) appoint a person; or
(b) constitute a board comprising such persons as the Secretary in writing determines;
for the purpose of reviewing decisions in respect of which application has been made under subregulation (2).
(5) The Secretary shall, within 21 days after the making of an application under subregulation (2), refer the application to a person appointed, or a board constituted, under subregulation (4) or shall:
(a) appoint a person, or constitute a board comprising such persons as the Secretary determines, for the purpose of reviewing the decision in respect of which the application was made; and
(b) refer the application to the person so appointed or the board so constituted, as the case may be.
(6) A reviewing authority to which a decision referred to in subregulation (2) has been referred shall, within 60 days after the date on which the decision was referred:
(a) affirm the decision;
(b) vary the decision; or
(c) set aside the decision and make a decision in substitution for that decision.
(7) Where:
(a) a reviewing authority makes a decision under subregulation (6); or
(b) the Secretary makes a decision under subregulation (3) refusing to extend the period in which an application may be lodged under that subregulation;
the reviewing authority or Secretary, as the case requires, shall cause a statement in writing to be given to the person whose interests are affected by the decision, setting out the decision and giving reasons for the decision.
(8) A statement referred to in subregulation (7) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , a person whose interests are affected by the decision to which the statement relates is entitled to apply to the Administrative Appeals Tribunal for a review of the decision.
(9) The validity of a decision to which a statement under subregulation (7) relates shall not be taken to be affected by a failure to comply with subregulation (8).
(10) Application may be made to the Administrative Appeals Tribunal for a review of a decision:
(a) of the Secretary refusing to extend the period in which an application may be lodged under subregulation (3); or
(b) of a reviewing authority making a decision of the kind referred to in subregulation (6).