Internal review
80 Internal review
A person affected by a reviewable decision may apply to have the decision reviewed by the agency or Minister dealing with the application.
Notes—
1 See schedule 4A for decisions that are reviewable decisions.
2 It is not necessary to have an internal review before applying for an external review under part 2.
3 An internal review application may be dealt with under a delegation or direction. See sections 30, 31, 78H and 78I.
On an internal review of a decision, the reviewer—
must make a new decision as if the reviewable decision had not been made; and
for an internal review of a decision relating to an access application—may review whether the agency or Minister has taken reasonable steps to identify and locate documents applied for by the applicant.
An internal review application must not be decided by—
the person who made the reviewable decision; or
a person who is less senior than that person.
Subsection (3) applies despite the Acts Interpretation Act
1954, section 27A.
This Act’s bill:Explanatory memorandumSecond reading speech
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