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Part 4-1—Review of determinations

Part 4-1 Review of determinations

Division 1 Simplified outline of this Part

72   Simplified outline of this Part

A person may apply for review of a determination of the Operator under section 29 in relation to the person’s application for redress under the scheme.

There are a number of determinations under section 29 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 34.

If, on review, a determination under subsection 29(2) is varied or substituted, the Operator must withdraw the offer of redress and give the person a new offer in accordance with section 39. If the determination is affirmed, the Operator must extend the acceptance period for the original offer for an additional 2 months.

The Operator must notify the person who applied for review, and certain participating institutions, about the outcome of the review.

Division 2 Review of determinations

73   Application for review of determination

             (1)  If:

                     (a)  a person has made an application for redress; and

                     (b)  the Operator has made a determination (the original determination ) on the application under section 29;

then the person may apply to the Operator for review of the original determination.

             (2)  The application for review must:

                     (a)  be made before the day specified in the notice of the determination given under section 34; and

                     (b)  be in the approved form.

74   Withdrawal of application for review

             (1)  The person may withdraw an application for review, by giving oral or written notice to the Operator, at any time before the review has been completed.

             (2)  An application for review that is withdrawn under subsection (1) is taken never to have been made.

75   The review

             (1)  If an application is made under section 73, 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)  make a determination (the review determination ) doing one of the following:

                              (i)  affirming the original determination;

                             (ii)  varying the original determination;

                            (iii)  setting the original determination aside and substituting a new determination.

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

76   Date of effect of review determination

             (1)  This section applies if the review determination:

                     (a)  varies the original determination; or

                     (b)  sets aside the original determination and substitutes a new determination.

             (2)  The review determination takes effect on the day specified in the review determination.

             (3)  From the day the review determination takes effect, the original determination as varied or substituted is taken to be the determination made by the Operator under section 29.

77   Notice of review determination to applicant

                   The Operator must give the applicant written notice of the review determination, stating the reasons for it.

78   Interaction between review and offer of redress

             (1)  This section applies if:

                     (a)  a person is given an offer of redress under section 39; and

                     (b)  the person applies for review of the original determination.

             (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, on review, the original determination 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 39.

             (4)  If:

                     (a)  on review, the original determination is affirmed; and

                     (b)  the determination as affirmed approves the application for redress; and

                     (c)  the person has been given an offer of redress under section 39;

then the Operator must extend the acceptance period under subsection 40(2) for an additional 2 months.

79   Notices to participating institutions about review

             (1)  If:

                     (a)  a person makes an application for review under section 73; or

                     (b)  a person withdraws an application for review under subsection 74(1); or

                     (c)  a review determination is made under subsection 75(2);

then the Operator must give each participating institution that was notified under section 35 written notice of that fact.

             (2)  The notice must comply with any requirements prescribed by the rules.