Transport Planning and Coordination Act 1994

A decision on an application for review of an original decision must be made within 28 days after the application is made.

If the chief executive was not the original decision maker, the chief executive, in reviewing the decision, has the same powers as the original decision maker.

If within the 28 days, the chief executive confirms or amends the original decision or substitutes another decision, the chief executive must give the applicant written notice (the decision notice) of the confirmed, amended or substituted decision (the reviewed decision).

If the reviewed decision is not the decision sought by the applicant for the review, the decision notice—

for a reviewed decision that may be reviewed by QCAT—must comply with the QCAT Act, section 157(2); or

for a reviewed decision that may be appealed to the appeal court—must state—

the reasons for the reviewed decision; and

that the applicant may, within 28 days, appeal against the reviewed decision to the appeal court.

However, if a decision is not made on the application within the 28 days, the chief executive is taken to have made a decision (also the reviewed decision) at the end of the 28 days confirming the original decision and the reasons given for it.

In applying to QCAT for a review or appealing to the appeal court, the decision subject to review or appeal is the reviewed decision and not the original decision.