Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) The following
decisions of the Director General are decisions to which this
regulation applies —
(a) a
decision under regulation 43(1) to refuse an application;
(b) a
decision under regulation 43(1) to give an exemption for a period if the
applicant did not seek the exemption for a period or sought the exemption for
a longer period;
(c) a
decision under regulation 43(1) to give an exemption subject to a
condition not sought by the applicant for the exemption;
(d) a
decision under regulation 55(1) to amend or revoke an exemption in urgent
circumstances, other than on application;
(e) a
decision under regulation 56(3) to amend or revoke an exemption, other
than in urgent circumstances or on application.
(2) A person affected
by a decision to which this regulation applies
(the "initial decision") may ask the Director General in writing to reconsider
the decision.
(3) The request must
be made within —
(a)
28 days after the person or someone else was told in writing of the
initial decision, and given written reasons for the decision, by the Director
General; or
(b) any
longer period allowed by the Director General.
(4) A request for
reconsideration must state the decision that the person wants the Director
General to make after reconsideration of the initial decision and outline why
the Director General should make that decision.
(5) Within
28 days after receiving the request, the Director General must reconsider
the initial decision and —
(a)
confirm the decision;
(b)
amend the decision; or
(c) set
aside the decision and substitute a new decision.
(6) The Director
General must tell the person who made the request in writing —
(a) the
result of the reconsideration; and
(b) if
the Director General does not make the decision sought by the
person —
(i)
the reasons for the reconsidered decision; and
(ii)
that the person may apply to the Magistrates Court
2 to have the decision reviewed by the Magistrates Court 2 .