MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 289 Internal review

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 289

    (1)     An eligible person in relation to a reviewable decision, may apply to the Safety Director for review of the decision within—

        (a)     28 days after the day on which the decision first came to the eligible person's notice; or

        (b)     such longer period as the Safety Director allows.

    (2)     The application must be in the form approved (in writing) by the Safety Director.

    (3)     If an application is made to the Safety Director in accordance with this section, the Safety Director must make a decision—

        (a)     to affirm or vary the reviewable decision; or

        (b)     to set aside the reviewable decision and substitute another decision that the Safety Director considers appropriate.

    (4)     The Safety Director must give a written notice to the applicant setting out—

        (a)     the decision of the Safety Director under subsection (3) and the reasons for the decision; and

        (b)     the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based—

and must do so within 28 days after the application is made.

    (5)     If the Safety Director has not notified an applicant of a decision in accordance with subsection (4), the Safety Director is taken to have made a decision to affirm the reviewable decision.

    (6)     An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Safety Director, on his or her own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the review.

    (7)     The Safety Director must make a decision on an application for a stay within 24 hours after the making of the application.

    (8)     If the Safety Director has not made a decision in accordance with subsection (7), the Safety Director is taken to have made a decision to grant a stay.

    (9)     The Safety Director may attach any conditions to a stay of the operation of a reviewable decision that he or she considers appropriate.