(c) the owner of a lot
in a strata scheme to which the decision is related,
(d) any other person
prescribed by the regulations for the purposes of this section.
(3)
Reviewable decisions The regulations may prescribe decisions under this Part
that are to be the reviewable decisions for the purposes of this section.
(4)
Applications An application for a review is to be made in accordance with the
regulations.
(5) Individuals who may carry out reviews An application for a
review of a decision is to be dealt with by an individual other than the
person who made the decision who is (if the reviewer is not the Secretary)
approved by the Secretary.
(6) The reviewer must be, as far as practicable,
an individual--
(a) who was not substantially involved in the process of
making the decision under review, and
(b) who is a member of staff of the
Department, and
(c) who is suitably qualified to deal with the issues raised
by the application.
(7) Powers on review In reviewing a decision, the
reviewer is to consider any relevant material submitted by the applicant.
(8)
Following the review of the decision, the reviewer may--
(a) affirm the
decision, or
(b) vary the decision, or
(c) set aside the decision and make a
decision in substitution for the decision that is set aside.
(9) In
exercising a function under subsection (8), a reviewer is taken for all
purposes to have the right to exercise the same functions in law that the
person who made the decision had in making the decision being reviewed.
(10)
Reviewer to notify relevant decision maker of decision A reviewer must notify
the Secretary of the result of, and the reasons for, his or her decision under
subsection (8) as soon as is practicable after making the decision.
(11)
Statement of reasons For the purposes of this section, an applicant is
notified of the reasons for a decision in a review only if the applicant is
given a statement of reasons setting out the following--
(a) the findings on
material questions of fact, referring to the evidence or other material on
which those findings were based,
(b) the understanding of the reviewer of the
applicable law,
(c) the reasoning processes that led the reviewer to the
conclusions the reviewer made.
(12) Status of decisions made on review For
the purposes of this Act, a reviewable decision that is affirmed, varied or
set aside and substituted under this section is--
(a) taken to have been made
by the person who made the original decision (as affirmed, varied or
substituted by the reviewer), and
(b) taken to have been made on the date
under which the applicant is given a notice of the decision under this
section.
(13) No reviews of decisions previously reviewed under this section
A person is not entitled to a review under this section of any decision
previously reviewed under this section or a decision made under subsection
(8).
