Commission’s review of exclusion decision
16 Commission’s review of exclusion decision
A person aggrieved by a licensee’s decision under the code of practice, section 1.14 (1) (Exclusion of people at risk or excluded under deed) may apply, in writing, to the commission for review of the decision.
To review the decision, the commission must—
give the licensee a written notice telling the licensee that the licensee may, within 2 weeks beginning the day after the day the licensee receives the notice, give a written response to the commission about the matters in the notice; and
have regard to any response given by the licensee to the commission within the 2 weeks.
The commission must, by written notice, confirm, revoke or amend the licensee’s decision, having regard to the matters mentioned in the code of practice, section 1.15 (Matters to which licensee to have regard when deciding whether to exclude).
The notice under subsection (3) must be in the form of a reviewable decision notice.
Note The commission must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
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