New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 139

139 Reconsideration of decisions

(1) A person affected by a decision to which this Subdivision applies (an "initial decision") may ask the Authority in writing to reconsider the decision.

(2) The request must be made within:

(a) 28 days after the person, or someone else affected by the decision, was told of the initial decision, and given reasons for the decision, by the Authority, or

(b) any longer period allowed by the Authority.

(3) The request must state the decision sought by the person and outline why the decision should be made.

(4) The Authority must reconsider the initial decision and:

(a) confirm the decision, or

(b) vary the decision, or

(c) set the decision aside and substitute a new decision.

(5) If the decision was made in accordance with a recommendation of the Fatigue Authorities Panel or another Authority, the Authority must inform the Panel or other Authority of the decision that the Authority proposes to make.

(6) The Panel or other Authority may make a recommendation to the Authority about the proposed decision.

(7) The Panel or other Authority must give the Authority written notice of the recommendation and the reasons for the recommendation within 21 days after being informed of the proposed decision.

(8) The Authority must take note of the recommendations of the Panel or other Authority when making the decision.

(9) Within 28 days after receiving the request, the Authority must give the person a written notice that states:

(a) the result of the reconsideration, and

(b) if the Authority does not make the decision sought by the person-the reasons for the reconsidered decision.