Consideration of application for internal review
225 Consideration of application for internal review
In dealing with an application for review, the Minister—
must give the applicant a reasonable opportunity to make a submission in relation to the application (in such manner as the Minister considers to be appropriate in the circumstances); and
may consider new material, whether or not it existed at the time that the reviewable decision was made; and
may exercise any power that was able to be exercised in relation to the matter that gave rise to the reviewable decision (and any relevant provisions of this Act apply accordingly); and
subject to the regulations, may adopt such other procedures and processes as the Minister thinks fit.
The
Minister may—
confirm or vary the reviewable decision; or
set aside the reviewable decision and substitute another decision for it.
The
Minister must take reasonable steps to make a decision under subsection (2) within the period prescribed by the regulations.
As soon as practicable after making a decision under subsection (2), the Minister must give written notice to the applicant of the
Minister's decision.
In the case of a decision that is adverse to the applicant, the notice must—
set out the reasons for the decision; and
state that the applicant may apply to the Tribunal within 28 days after the date of the notice to have the decision reviewed; and
explain how an application for review is made.
This Act’s bill:Second reading speech
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