Reviewing original decision
146 Reviewing original decision
The decision-maker for an original decision must, within 20 business days after receiving an application for internal review of the original decision—
review the original decision; and
make a decision (the internal review decision) to—
confirm the original decision; or
amend the original decision; or
substitute another decision for the original decision; and
give the applicant a notice (the review notice) advising of the internal review decision.
The application may be dealt with only by a person who—
did not make the original decision; and
holds a more senior office than the person who made the original decision.
Subsection (2)—
applies despite the Acts Interpretation Act 1954, section 27A; and
does not apply to an original decision made by a control body at a meeting.
If the internal review decision confirms the original decision, the original decision is taken to be the internal review decision.
If the internal review decision amends the original decision, the original decision as amended is taken to be the internal review decision.
If the internal review decision is not the decision sought by the applicant, the review notice must comply with the QCAT Act, section 157(2).
If the decision-maker for the original decision does not give the applicant a review notice within 20 business days after receiving the application, the decision-maker is taken to have confirmed the original decision.
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