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CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 256 Review by panel

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 256

Review by panel

    (1)     A person who may apply for a review of a reviewable decision may do so by making an application to the CEO in the approved form.

    (2)     The application must be given to the CEO within 28 working days after the person is given notice of the decision.

    (3)     The CEO must assign a panel to decide the application.

    (4)     The application does not affect the operation or implementation of the reviewable decision.

    (5)     However, the panel may make another decision staying or otherwise affecting the operation or implementation of so much of the reviewable decision as it considers appropriate to effectively decide the application.

    (6)     A decision under subsection (4):

    (a)     is subject to the conditions specified by the panel; and

    (b)     has effect:

        (i)     for the period specified by the panel; and

        (ii)     otherwise – until the application is decided.

    (7)     The review:

    (a)     must be conducted by the panel as a new hearing; and

    (b)     is not limited by the matters before the decision maker of the reviewable decision.

    (8)     The panel may:

    (a)     affirm the decision; or

    (b)     vary the decision; or

    (c)     set aside the decision; or

    (d)     set aside the decision and replace it by the panel's decision.