Northern Territory Consolidated Acts Northern Territory Consolidated Acts27. Designated person's decision and referral to Board
(1) Subject to subsections (1A) and (4A), the designated person shall, within 30 business days of the Office after being requested in writing so to do by a person who claims to be entitled to a benefit or the variation of a benefit under this Act and being provided with the prescribed information -
(a) make a decision on the person's claim; or
(b) refer the matter to the Board for its determination,
and by notice in writing served on the person, advise the person of his decision or of the fact and date of the referral of the matter to the Board.
(1AA) For the purposes of subsection (1), prescribed information means information that is relevant to, and reasonably required to enable the designated person to assess a claim, including -
(a) whether a person is or was entitled or qualified for benefits;
(b) whether a benefit or variation of a benefit is or was payable to a person;
(c) the rate of benefit that is or was applicable to a person; and
(d) such information as is requested in approved forms.
(1A) Where within the 30 days referred to in subsection (1) the designated person requests from the person making the claim or from any other person information reasonably required to enable him to assess the claimant's entitlement to the benefit or the variation of a benefit, that time limit is extended by a period equal to the period during which the information remains outstanding.
(2) Where the designated person exercises a discretion under this Act, whether as a delegate of or with the authority of the Board, or, within the 30 days referred to in subsection (1) or any extension of that time limit under subsection (1A), refuses or fails to make a decision or refer the matter to the Board, a person aggrieved by his decision in the exercise of that discretion or by that refusal or failure may, within 28 days after receiving written notice of that decision or the expiration of that period, as the case may be, request in writing that the designated person refer the matter to the Board for its determination and the designated person shall, as soon as practicable, refer the matter accordingly.
(3) Subject to subsection (4A), the Board shall, within 60 days after a matter is referred to it under this section, consider and determine it by confirming the decision of the designated person or substituting its decision for that of the designated person.
(4) A determination referred to in subsection (3) shall be in writing and a copy shall be served on the aggrieved person.
(4A) Before the designated person makes a decision or refers a matter under subsection (1) or the Board determines a matter under subsection (3), he or it may, by notice in writing served on the person who claims to be entitled to a benefit or the variation of a benefit or who is aggrieved by the decision of the designated person, request a conference with the person or a representative of the person and, without limiting the generality of section 33(1), any time limit under this section shall, except to the extent that the holding of a conference is delayed unreasonably by an act or neglect on the part of the designated person or the Board, be extended by the period equal to the period between the service of the notice and the holding of the conference.
(5) The designated person or the Board may determine any matter before him or it without giving any person the right to be heard but shall consider all written submissions to him or it by or on behalf of the person concerned and may take into account the prescribed information and such other material as he or it, as the case may be, thinks fit.
(6) The designated person and the Board are each required to give reasons for their decisions under this Act.
(7) Subject to section 29, no matter shall be referred to the Tribunal unless it has been considered by the Board.
(8) A notice or determination in writing required by this section to be served on a person shall be served on him personally or by post addressed to him at his address stated in the relevant request or his last known address.