Procedure for reconsideration
59 Procedure for reconsideration
The application must be made:
to the following (as appropriate):
(i) the Chief Inspector if the relevant decision was made by a delegate of the Chief Inspector;
otherwise – the Minister; and
within 14 days after the following (as appropriate):
(i) the date of the Gazette notice for the decision if it was a decision to make a declaration under section 18(1) or 37(1);
(ii) otherwise – the date on which the applicant receives a written notice of the decision.
(2) The Chief Inspector or Minister (the reviewer) must, within 1 month after receiving the application, reconsider the relevant decision.
(3) The reviewer may reconsider the relevant decision in any way the reviewer considers appropriate.
(4) The application does not affect the operation or implementation of the relevant decision.
(5) However, the reviewer may make another decision staying or otherwise affecting the operation or implementation of so much of the relevant decision as the reviewer considers appropriate to effectively decide the application.
The other decision:
is subject to the conditions specified by the reviewer; and
has effect:
for the period specified by the reviewer; and
(ii) if no period is specified by the reviewer – until the application is decided.
(7) The reviewer must give a written notice of the reviewer's decision to the applicant, specifying:
the reasons for the decision; and
(b) if the reviewer is the Chief Inspector – the applicant's right under section 58 to apply for a reconsideration of the decision.
This Act’s bill:Second reading speech
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