190 Reviewable decision—internal review
A reviewable decision for internal review is a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction—(a) to refuse to grant a provider approval, a service approval or a supervisor certificate; or(b) to amend or refuse to amend a provider approval, a service approval or a supervisor certificate; or(c) to impose a condition on a provider approval, a service approval or a supervisor certificate; or(d) to suspend—(i) a provider approval under section 28;(ii) a service approval under section 73;(iii) a supervisor certificate under section 126; or(e) to refuse to consent to the transfer of a service approval; or(g) to issue a compliance direction; or(h) to issue a compliance notice.
191 Internal review of reviewable decisions
(1) A person who is the subject of a reviewable decision for internal review may apply to the Regulatory Authority in writing for review of the decision.(2) An application under subsection (1) must be made—(a) within 14 days after the day on which the person is notified of the decision; or(b) if the person is not notified of the decision, within 14 days after the person becomes aware of the decision.(3) The person who conducts the review for the Regulatory Authority must not be a person who was involved in the assessment or investigation of the person or service to whom or which the decision relates.(4) The person conducting the review may ask the person who applied for the review for further information.(5) A review under this section must be conducted within 30 days after the application is made.(6) The period specified in subsection (5) may be extended by up to 30 days—(a) if a request for further information is made under subsection (4); or(b) by agreement between the person who applied for the review and the Regulatory Authority.(7) The Regulatory Authority may, in relation to an application under subsection (1)—(a) confirm the decision; or(b) make any other decision that the Regulatory Authority thinks appropriate.
192 Reviewable decision—external review
A reviewable decision for external review is—(a) a decision of the Regulatory Authority made under section 191 (other than a decision in relation to the issue of a compliance direction or a compliance notice); or(b) a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction—(i) to suspend a provider approval under section 27; or(ii) to cancel a provider approval under section 33; or(iii) to suspend a service approval under section 72; or(iv) to cancel a service approval under section 79 or 307; or(v) to suspend or cancel a supervisor certificate under section 125; or(vi) to direct the approved provider of a family day care service to suspend the care and education of children by a family day care educator; or(vii) to give a prohibition notice or to refuse to cancel a prohibition notice.Note. A person is not entitled to a review under this section in respect of a suspension or cancellation of a service approval if that suspension or cancellation relates only to an associated children’s service. Any right of review would be under the children’s services law.
193 Application for review of decision of the Regulatory Authority
(1) A person who is the subject of a reviewable decision for external review may apply to the relevant tribunal or court for a review of the decision.(2) An application must be made within 30 days after the day on which the applicant is notified of the decision that is to be reviewed.(3) After hearing the matter, the relevant tribunal or court may—(a) confirm the decision of the Regulatory Authority; or(b) amend the decision of the Regulatory Authority; or(c) substitute another decision for the decision of the Regulatory Authority.(4) In determining any application under this section, the relevant tribunal or court may have regard to any decision under this Law as applying in another participating jurisdiction of a relevant tribunal or court of that jurisdiction.
194 Relationship with Act establishing administrative body
This Part applies despite any provision to the contrary in the Act that establishes the relevant tribunal or court but does not otherwise limit that Act.