RAIL SAFETY NATIONAL LAW (NSW) - SECT 216
Review by Regulator
RAIL SAFETY NATIONAL LAW (NSW) - SECT 216
Review by Regulator
216 Review by Regulator
(1) An eligible person--
(a) in relation to a reviewable decision made by the
Regulator--may, within 28 days after the decision was made, apply to the
Regulator for a review of the decision;
(b) in relation to a reviewable
decision other than a decision made by the Regulator--may apply to the
Regulator for review of the decision within--
(i) 28 days after the day on
which the decision first came to the eligible person's notice; or
(ii) such
longer period as the Regulator allows.
(2) The Regulator may appoint a person
to review decisions on applications under subsection (1)(a) (who must not be
the person who made the decision the subject of the review).
(3) An
application for a review must be in the form approved (in writing) by the
Regulator.
(4) If an application is made to the Regulator in accordance with
this section, the Regulator may make a decision--
(a) to affirm or vary the
reviewable decision; or
(b) to set aside the reviewable decision and
substitute another decision that the Regulator considers appropriate.
(5) The
Regulator must give a written notice to the applicant setting out--
(a) the
Regulator's decision under subsection (4) and the reasons for the decision;
and
(b) the findings on material questions of fact that led to the decision,
referring to the evidence or other material on which those findings were
based,
and must do so within 14 days after the application is made or, if the
reviewable decision was made under Division 1, Division 2 or Division 3 of
Part 5, within 7 days after the application is made.
(6) If the Regulator has
not notified an applicant of a decision in accordance with subsection (5), the
Regulator is taken to have made a decision to affirm the reviewable decision.
(7) An application under this section does not affect the operation of the
reviewable decision or prevent the taking of any action to implement it unless
the Regulator, on the Regulator's own initiative or on the application of the
applicant for review, stays the operation of the decision (not being an
immediate suspension of accreditation or registration, or a prohibition
notice) pending the determination of the review.
(8) The Regulator must make
a decision on an application for a stay by the end of the next business day
following the day on which the application is made.
(9) If the Regulator has
not made a decision in accordance with subsection (8), the Regulator is taken
to have made a decision to grant a stay.
(10) The Regulator may attach any
conditions to a stay of the operation of a reviewable decision that the
Regulator considers appropriate.
