Farm Debt Mediation Act 1994

An aggrieved person may apply to the Authority for a review (internal review) of any of the following decisions:

a decision to grant, or to refuse, a prohibition certificate,

a decision to grant, or to refuse, an exemption certificate,

a decision to accredit or reaccredit, or to refuse to accredit or reaccredit, a person as a mediator,

a decision to suspend or cancel the accreditation of a mediator.

An aggrieved person is:

in relation to a decision about the grant or refusal of a prohibition certificate or an exemption certificate—the farmer or guarantor whose obligations are secured by the farm mortgage concerned, or the creditor, or

in relation to a decision about accreditation or reaccreditation of a mediator—the mediator.

An application for internal review must:

be in the approved form, and

be lodged with the Authority within 20 business days (or such longer period as the Authority may allow) after the person was notified of the making of the decision concerned, and

comply with such other requirements as may be prescribed by the regulations.

The application is to be dealt with by the Chief Executive of the Authority or an employee of the Authority who is directed by the Chief Executive to deal with the application. The reviewer must be a person who was not substantially involved in making the decision the subject of the application.

The reviewer may invite any person who, in the opinion of the reviewer, may be affected by the outcome of the review to submit material for consideration on the review.

The reviewer is to consider any relevant material submitted by the applicant or any person invited under this section to submit material.

In determining an application for internal review, the reviewer may:

affirm the decision, or

vary the decision, or

set aside the decision and make a decision in substitution for the decision that is set aside.

In determining an application for internal review, the reviewer may exercise the same functions under this Act or any other law that the Authority had in making the decision subject to review.

The reviewer is to give notification of the reviewer’s decision to:

the applicant, and

if the review relates to a decision about the grant or refusal of a prohibition certificate or an exemption certificate—the farmer or creditor, or any guarantor, under the farm mortgage concerned who is not the applicant for the review, and

the Authority.

The notification is to include a statement of reasons for the decision.

An application for internal review is to be determined within 30 business days after it is made. However, a determination is not invalid because it is made after the expiration of that period.

The regulations may make provision for or with respect to the conduct of internal reviews.