Determination may be referred for review
12 Determination may be referred for review
Without prejudice to any right under the Parliamentary Commissioner Act 1971, a person aggrieved by a determination made by an administrative authority —
as to any eligibility or entitlement of that person under this Act; or
as to a change in conditions, circumstances or facts, under section 21; or
to amend or cancel any registration, under section 37; or
that effect should not be given to a registration, by reason of section 39(1); or
that a rebate or deferment should not have been allowed, under section 39(2),
may request the administrative authority by which the determination was made to furnish in writing a statement setting out further or better particulars of the reasons for the determination and a summary of the findings upon which the determination was based, subject to subsection (2), and the administrative authority shall furnish that statement as soon as is practicable thereafter.
Where a determination referred to in subsection (1) was notified in writing by the administrative authority to the person aggrieved any request for particulars for the purposes of this section must, unless the administrative authority concerned otherwise agrees, be made within 21 days after receipt of that notification.
Within 21 days after receipt of the statement of particulars requested under subsection (1) the person aggrieved may, by notice in writing specifying the reason why in the opinion of that person the determination should be changed, request the administrative authority which made the determination to review it.
Upon receipt of a notice under subsection (3) the administrative authority, if it does not agree to change the determination in a manner acceptable to the person aggrieved, shall ensure that the circumstances giving rise to the determination are referred as soon as is practicable thereafter to an authorised review officer, being a person appointed by the administrative authority with the approval of the Minister, to be investigated by that officer.
A person may be appointed for the purposes of subsection (4) by more than one administrative authority.
[Section 12 amended: No. 22 of 1998 s. 18.]
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