Review of determinations of Director under regulation 35
36 Review of determinations of Director under regulation 35
A person aggrieved by a determination of the Director under regulation 35 may —
if a question of law is involved — apply to the State Administrative Tribunal for a review of the decision; or
in any other case — request that a technical review panel review the decision.
A request for review under subregulation (1)(b) must —
be made to the CEO within 30 days after the day on which the person receives written notice of the determination; and
be in writing; and
set out the grounds on which the request is made; and
set out any submissions that the person wishes to make in relation to the review.
If a request for review is made under subregulation (1)(b), the CEO must convene a technical review panel unless satisfied that the request is frivolous or vexatious.
The State Administrative Tribunal or the technical review panel (whichever is relevant) may suspend the operation or effect of the decision until the determination of the review.
If the decision is sent back to the Director under the State Administrative Tribunal Act 2004 section 29(3)(c)(ii) for reconsideration —
the Director must make a new decision, in accordance with any directions or recommendations of the State Administrative Tribunal, within 20 working days after the day on which the Director receives notice of the Tribunal’s determination; and
the new decision is not subject to review under regulation 35; and
the State Administrative Tribunal Act 2004 section 29(4) does not apply in relation to the new decision.
On a review under subregulation (1)(b), the technical review panel may determine the review by confirming, varying or cancelling the decision, and the determination of the panel is final.
If the technical review panel cancels the decision, the Director may make a new decision, in accordance with the panel’s determination, within 20 working days after the day on which the Director receives notice of the panel’s determination, and the new decision is not subject to review under regulation 35.
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