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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.