HEALTH SERVICES ACT 1988 - SECT 104 Notification of decisions by Chief General Manager

HEALTH SERVICES ACT 1988 - SECT 104

S. 104(1) amended by No. 46/1998 s. 7(Sch. 1).

    (1)     Where, under this Part, the Secretary is required to give notice of a decision within the period determined under this section, the Secretary must give the notice—

        (a)     within 60 days after receiving the application to which the decision relates, being an application in accordance with the requirements of this Part; or

S. 104(1)(b) amended by No. 46/1998 s. 7(Sch. 1).

        (b)     if the Secretary has requested the applicant to give further information, within 28 days after the information last requested is given to the Secretary—

whichever is the later.

S. 104(2) amended by No. 46/1998 s. 7(Sch. 1).

    (2)     If—

S. 104(2)(a) amended by No. 46/1998 s. 7(Sch. 1).

        (a)     the Secretary has made two or more requests for further information from the applicant; and

        (b)     not less than four months have elapsed since the applicant made the application—

the applicant may give notice in writing to the Secretary requiring that a decision be made.

S. 104(3) amended by No. 46/1998 s. 7(Sch. 1).

    (3)     If the Secretary does not make a decision within 28 days after a request is made under subsection (2), the Secretary shall be deemed to have refused the application.

S. 104A inserted by No. 18/2004 s. 11.