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Schedule 3—Reconsideration and review of decisions

Schedule 3 Reconsideration and review of decisions

   

Aged Care Act 1997

1  Section 85-1 (table items 1, 3, 54 and 55)

Repeal the items.

Aged Care Quality and Safety Commission Act 2018

2  Section 6 (paragraph (f))

Repeal the paragraph, substitute:

       (f)     the education functions; and

       (g)     the function of reconsidering and reviewing certain decisions made under this Act.

3  Section 7

Insert:

affected person : see section 74J.

internal decision reviewer means:

                     (a)  the Commissioner; or

                     (b)  a delegate of the Commissioner referred to in paragraph 74L(1)(b) or 74M(1)(b).

reconsideration decision means a decision made under subsection 74L(2) or 74M(3).

reviewable decision : see section 74J.

4  Section 14 (paragraph (f))

Repeal the paragraph, substitute:

       (f)     the education functions; and

       (g)     reconsidering and reviewing certain decisions made under this Act.

5  After paragraph 16(1)(f)

Insert:

                    (fa)  to reconsider and review certain decisions made under this Act;

6  Before Part 9

Insert:

Part 8B Reconsideration and review of decisions

Division 1 Introduction

74H   Simplified outline of this Part

This Part deals with the reconsideration and review of certain decisions made under this Act.

Division 2 Reconsideration and review of decisions

74J   Reviewable decisions and affected persons

                   A decision by the Commissioner referred to in column 1 of an item of the following table is a reviewable decision . A person or body referred to in column 2 of the item is the affected person for the decision.

 

Reviewable decisions and affected persons

Item

Column 1

Decision

Column 2

Affected person

1

A decision under section 63D not to approve a person or body as a provider of aged care

The person or body

2

A decision under section 63H not to revoke the approval of an approved provider

The approved provider

3

A decision under section 63J to revoke the approval of a person or body as a provider of aged care

A person whose interests are affected by the decision

4

A decision under section 63N to impose a sanction on a person or body

A person whose interests are affected by the decision

5

A decision under section 63X not to lift a sanction imposed on an approved provider under section 63N

A person whose interests are affected by the decision

 

74K   Affected person may request reconsideration of reviewable decision

             (1)  An affected person for a reviewable decision may request the Commissioner to reconsider the decision.

             (2)  The request must:

                     (a)  be made in writing; and

                     (b)  set out the reasons for the request; and

                     (c)  be given to the Commissioner within 14 days after the affected person is notified of the reviewable decision.

74L   Reconsideration of reviewable decision on request

             (1)  If a request is made under section 74K by an affected person for a reviewable decision, the Commissioner must:

                     (a)  personally reconsider the decision; or

                     (b)  cause the decision to be reconsidered by a delegate of the Commissioner who:

                              (i)  was not involved in making the decision; and

                             (ii)  occupies a position that is at least the same level as that occupied by the person who made the decision.

             (2)  After reconsidering the reviewable decision, the internal decision reviewer must:

                     (a)  affirm the decision; or

                     (b)  vary the decision; or

                     (c)  set the decision aside and substitute a new decision.

             (3)  After the internal decision reviewer makes the reconsideration decision, the reviewer must give written notice of the following to the affected person for the reviewable decision:

                     (a)  the reconsideration decision;

                     (b)  the date that decision takes effect;

                     (c)  the reason for that decision.

Note:          Section 27A of the Administrative Appeals Tribunal Act 1975 requires the affected person to be notified of the person’s review rights.

             (4)  The internal decision reviewer is taken to have affirmed the reviewable decision if the reviewer does not give notice of the reconsideration decision to the affected person within 90 days after receiving the person’s request.

             (5)  The reconsideration decision is taken to have been made under the provision under which the reviewable decision was made other than for the purposes of section 74J.

             (6)  The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (3).

74M   Reconsideration of reviewable decision on own initiative of Commissioner etc.

             (1)  Either of the following persons may reconsider a reviewable decision if satisfied that there is sufficient reason to do so:

                     (a)  the Commissioner personally;

                     (b)  a delegate of the Commissioner who:

                              (i)  was not involved in making the decision; and

                             (ii)  occupies a position that is at least the same level as that occupied by the person who made the decision.

             (2)  If an internal decision reviewer decides under subsection (1) to reconsider a reviewable decision, the internal decision reviewer must give written notice to the affected person for the decision that the decision is to be reconsidered.

             (3)  After reconsidering the reviewable decision, the internal decision reviewer must:

                     (a)  affirm the decision; or

                     (b)  vary the decision; or

                     (c)  set the decision aside and substitute a new decision.

             (4)  After the internal decision reviewer makes the reconsideration decision, the reviewer must, within 90 days after the commencement of the reconsideration, give written notice of the following to the affected person for the reviewable decision:

                     (a)  the reconsideration decision;

                     (b)  the date that decision takes effect;

                     (c)  the reason for that decision.

Note:          Section 27A of the Administrative Appeals Tribunal Act 1975 requires the affected person to be notified of the person’s review rights.

             (5)  The reconsideration decision is taken to have been made under the provision under which the reviewable decision was made other than for the purposes of section 74J.

             (6)  The Commissioner must, as soon as is practicable, give the Secretary a copy of a notice given under subsection (4).

74N   Review by the Administrative Appeals Tribunal

                   Applications may be made to the Administrative Appeals Tribunal for review of a reconsideration decision of an internal decision reviewer.