NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 100 Review of reviewable decisions
NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 100
Review of reviewable decisions(1) The CEO must give written notice of a reviewable decision to each person directly affected by the reviewable decision. The notice must include a statement:
(a) that:
(i) the person may request the CEO to review the reviewable decision; or
(ii) if the CEO is taken to have made the reviewable decision because of subsection 21(3) or 48(2)--the decision will be reviewed automatically; and
(b) that the person may seek further review under section 103.
(2) A person who is directly affected by a reviewable decision may request the CEO to review the reviewable decision. If the person is given a notice under subsection (1) the person must make the request within 3 months after receiving the notice.
(3) A request may be made by:
(a) sending or delivering a written request to the CEO; or
(b) making an oral request, in person or by telephone or other means, to the CEO.
(4) If a person makes an oral request in accordance with paragraph (3)(b), the person receiving the oral request must:
(a) make a written record of the details of the request; and
(b) note on the record the day the request is made.
(5) If:
(a) the CEO receives a request for review of a reviewable decision; or
(b) the CEO is taken to have made a reviewable decision because of subsection 21(3) or 48(2);
the CEO must cause the reviewable decision to be reviewed by a person (the reviewer ):
(c) to whom the CEO's powers and functions under this section are delegated; and
(d) who was not involved in making the reviewable decision.
(6) The reviewer must, as soon as reasonably practicable, make a decision:
(a) confirming the reviewable decision; or
(b) varying the reviewable decision; or
(c) setting aside the reviewable decision and substituting a new decision.
(7) A request for review of a reviewable decision, or a requirement to review a reviewable decision that the CEO is taken to have made, does not affect the operation of the decision or prevent the taking of action to implement the decision.
(8) A failure of the CEO to comply with subsection (1) does not affect the validity of the reviewable decision or the right of a person directly affected to request review of the decision.
(9) To the extent that this provision relates to a decision referred to in paragraph 99(g) or (h), a reference in this section to a person includes a reference to an entity.