Health Insurance Act 1973

A person may apply to the Secretary for review of a decision (the original decision) of an APS employee in the Department made under this Part.

An application must:

be in writing; and

set out the reasons for the application; and

be made within:

14 days after the day the original decision was made; or

if the Secretary allows a longer period—that longer period.

After receiving an application under subsection (2), the original decision must be reviewed by:

the Secretary; or

another person who:

is a person to whom the power to review the original decision has been delegated; and

was not involved in the making of the original decision; and

occupies a position that is at least the same level as the person who made the original decision.

The person reviewing the original decision must, subject to subsection 124ZN(2):

affirm the original decision; or

vary the original decision; or

set aside the original decision and substitute a new decision.

An application may be made to the Administrative Review Tribunal for a review of a decision on review under this subsection: see section 124ZN.

A person who has applied for a review of the original decision under subsection (2) may, in writing, withdraw that application at any time before the review has been completed.

If the application is withdrawn, it is taken never to have been made.