Internal review of decision
124 Internal review of decision
An applicant to whom a decision identified in schedule 1 applies may apply to the scheme manager for a review of the decision.
An application for a review of the decision must—
be made within 28 days after the applicant is given notice of the decision; and
state in detail the basis on which the applicant is aggrieved by the decision.
However, the scheme manager may, at any time, extend the time for applying for a review of the decision if the scheme manager considers it is reasonable in the circumstances to do so.
The making of an application for a review of a decision under this section does not affect the operation of the decision or prevent the decision being implemented.
The review must be conducted by—
for a decision of a government assessor—
the scheme manager; or
another government assessor nominated by the scheme manager; or
for a decision of the scheme manager—a departmental employee, of a classification level in the public service that is the same as or higher than the scheme manager’s classification level, nominated by the chief executive.
If a review is conducted by a departmental employee under subsection (5)(b), any decision on the review is taken to be a decision of the scheme manager.
The person conducting the review—
has, in reviewing the decision, the same powers as the original decision-maker; and
may—
confirm or amend the decision being reviewed; or
substitute the person’s own decision for the decision being reviewed; and
must give the applicant a QCAT information notice about the person’s decision.
An application for a review of a decision under this section must be decided within 42 days after it is made.
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