Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Part 4-3—Internal review of determinations

Part 4-3 Internal review of determinations

Division 1 Simplified outline of this Part

86   Simplified outline of this Part

A person may apply for internal review of a determination of the Operator under section 32 in relation to an application for redress under the scheme.

There are a number of determinations under section 32 that the person may seek to be reviewed. For example, if the Operator approved the application, the person may seek review of the amount of the redress payment. If the Operator did not approve the application, the person may seek review of that determination.

An application for review must be made within the period specified in the notice of determination given by the Operator to the person under section 35.

Division 2 Internal review of determinations

87   Application for internal review of redress determination

             (1)  A person may apply to the Operator to review a determination (the original determination ) made in relation to the person under section 32 (which is about determinations on applications for redress).

             (2)  The application must:

                     (a)  be made before the day specified in the notice of the determination given under section 35; and

                     (b)  be in the form (if any) approved by the Operator.

88   Internal review of redress determination

             (1)  If an application is made under section 87, the Operator must review the original determination or cause the original determination to be reviewed by an independent decision-maker:

                     (a)  to whom the Operator’s power under this section is delegated; and

                     (b)  who was not involved in the making of the determination.

             (2)  The person reviewing the original determination must:

                     (a)  reconsider the determination; and

                     (b)  do one of the following:

                              (i)  affirm the determination;

                             (ii)  vary the determination;

                            (iii)  set the determination aside and substitute a new determination.

             (3)  When reviewing the original determination, the person may only have regard to the information and documents that were available to the person who made the original determination.

89   Withdrawal of application for review

             (1)  A person who has applied to the Operator for review under section 87 may withdraw the application at any time before the review has been completed.

             (2)  If an application for review is withdrawn, the application is taken never to have been made.

             (3)  An application may be withdrawn orally or in writing or in any other manner approved by the Operator.

90   Date of effect of review determination

                   A determination under paragraph 88(2)(b):

                     (a)  to vary an original determination; or

                     (b)  to set aside an original determination and substitute a new determination;

takes effect on the day specified in the review determination.

91   Notice of review determination

             (1)  If a person makes a determination under paragraph 88(2)(b) in relation to an original determination, the Operator must give written notice of the review determination to the applicant.

             (2)  The notice must include a statement that:

                     (a)  sets out the reasons for the review determination; and

                     (b)  sets out the findings by the decision-maker on material questions of fact; and

                     (c)  refers to the evidence or other material on which those findings were based.

92   Interaction between internal review and offer of redress

             (1)  This section applies if:

                     (a)  a person is given an offer of redress under section 37; and

                     (b)  the person applies for review of a determination made under subsection 32(2).

             (2)  If the person accepts or declines the offer in the acceptance period for the offer but before the review has been completed, then the application for review is taken to have been withdrawn immediately before the person accepted or declined the offer.

             (3)  If, apart from this subsection, the acceptance period would end before the review is completed, then the Operator must extend the acceptance period under section 38 so that it ends on a day after the review is completed.

             (4)  If, on review, the determination under subsection 32(2) is varied or substituted, then the Operator must:

                     (a)  withdraw the offer and notify the person in writing of that withdrawal; and

                     (b)  if the determination as varied or substituted approves the application for redress—give the person a new written offer of redress in accordance with section 37.