Ombudsman review
31L Ombudsman review
The ombudsman must, within the review period for an application for review of a release restraint determination, decide the application by confirming, varying or revoking the determination.
The review period for an application is extended by the following:
any period agreed between the ombudsman and the applicant;
any period decided by the ombudsman under subsection (4).
Also, if the review period includes 1 or more Christmas shutdown days, the review period is extended by the number of Christmas shutdown days.
The ombudsman may, before the end of the review period for the application, extend the review period by not more than 30 working days if—
the request involves dealing with a large volume of information; or
the request is complex; or
the ombudsman considers an extension is reasonable in the circumstances.
As soon as practicable after reviewing the determination, the ombudsman must give written notice of the decision on the review to the applicant.
If the ombudsman does not vary or revoke the determination within the review period (including any extension under subsection (2)), the ombudsman is taken to have confirmed the determination.
In this section:
Christmas shutdown day—see section 31FA (4).
review period, for an application for review of a release restraint determination, means the period ending 30 working days after the later of the following:
the day the ombudsman receives the application;
the day the ombudsman is given access to the relevant accessible executive record.
The ombudsman is entitled to access a relevant accessible executive record when exercising a function under this Act (see s 31HA (2)).
This Act’s bill:Explanatory statementSecond reading speech
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