Review of decisions
22 Review of decisions
An eligible person may—
if subsection (2) applies—apply to the
Administrative Review Tribunal for the review of a reviewable decision;
or
if subsection (2) does not apply—apply to SACAT under section 34 of the South
Australian Civil and Administrative Tribunal Act 2013 for the review of a reviewable decision.
This subsection applies if an eligible person is also—
in relation to a reviewable decision under section 11—an applicant for a corresponding licence under the Commonwealth Act; or
in relation to a reviewable decision under section 13,
14(4),
14(8) or
15—the holder of a corresponding licence under the Commonwealth Act; or
in relation to a reviewable decision under section 16—a person whose corresponding licence under the Commonwealth Act has been suspended or revoked under that
Act.
For the purposes of subsection (1)(a)—
the Administrative Review
Tribunal Act 2024 of the Commonwealth (excluding
Part 7) and the regulations in force for the time being under that Act apply as laws of South Australia in relation to relevant reviewable decisions (and Part 7 of that Act will continue to have effect as a law of the
Commonwealth); and
a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of South Australia) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the
Commonwealth.
For the purposes of subsection (1)(b), an application for review of a reviewable decision must be made within 28 days after the making of the decision.
For the purposes of section 22 of the
South Australian Civil and Administrative
Tribunal Act 2013, there may be a panel of assessors consisting of persons who have expertise that would be of value to SACAT in relation to proceedings before SACAT on a review under this section.
In any proceedings on a review under this section, SACAT may, if the President so determines, sit with 1 or more assessors from the panel.
Nothing in this section, or in any other provision of this Act, is intended to limit any right that a person may have under a law of the
Commonwealth, or under the Constitution of the Commonwealth, to bring an action against the NHMRC Licensing Committee.
This section has effect subject to the
Administrative Review Tribunal
Act 2024 of the Commonwealth.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Second reading speech
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