Part 2Division 1 Information concerning decision and review rights
48 Notice of decision and review rights to be given by administrators
(1) An administrator who makes a reviewable decision must take such steps as are reasonable in the circumstances to give any interested person notice, in writing, of the following:(a) the decision, and(b) the right of the person to have the decision reviewed.(2) However, an administrator does not have to give a notice under subsection (1) in relation to:(a) a decision that is taken by this or any other Act to be made because the administrator has failed to make a decision within the time limit for making the decision, or(b) any of the following decisions, but only if the decision concerned does not adversely affect the interests of any interested person:(i) a decision not to impose a liability, penalty or any kind of limitation on a person,(ii) a decision making an adjustment to the level of periodic payments to be made to a person as a member of a class of persons where a similar adjustment is being made to the level of such payments to the other members of the class,(iii) if an enactment establishes several categories of entitlement to a monetary or other benefit—a decision that determines a person to be in the most favourable of those categories, or(c) a decision made by an administrator following an internal review, or(d) any other decision or class of decisions prescribed by the regulations for the purposes of this paragraph.(3) A contravention of this section does not affect the validity of any decision.
Division 2 Duty to give reasons on request
49 Duty of administrator to give reasons on request
(1) If an administrator makes a reviewable decision, an interested person may make a written request to the administrator for the reasons for the decision.(2) As soon as practicable (and in any event within 28 days) after receiving such a request, the administrator is to prepare a written statement of reasons for the decision and provide it to the person who requested the reasons.(3) The statement of reasons is to set out the following:(a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based,(b) the administrator’s understanding of the applicable law,(c) the reasoning processes that led the administrator to the conclusions the administrator made.(4) The regulations may:(a) exclude any class of reviewable decisions from the application of this section, or(b) alter the period within which a statement of reasons under this section must be given.
50 Administrator may refuse reasons in certain cases
(1) An administrator may refuse to prepare and provide a statement of reasons requested by a person under this Division if:(a) the administrator is of the opinion that the person is not entitled to be given the statement, or(b) in the case of a decision the terms of which were recorded in writing and set out in a document that was provided to the person—the request was not made within 28 days after the person was provided with the document, or(c) in any other case—the request was not made within a reasonable time after the decision was made.(2) An administrator who refuses under subsection (1) to prepare and provide a statement of reasons must notify the person requesting the statement, in writing, of the administrator’s refusal and the reasons for the refusal as soon as practicable (and in any event within 28 days) after the request.(3) The administrator is not to refuse to prepare and provide a statement of reasons if:(a) in the case of a refusal based on subsection (1) (a)—the Tribunal declares, on an application made under section 51 (1), that the person who made the request was entitled to make the request, or(b) in the case of a refusal based on subsection (1) (c)—the Tribunal declares, on an application made under section 51 (2), that the person who made the request did so within a reasonable time.(4) If an administrator cannot refuse to comply with a request for a statement of reasons because of a decision of the Tribunal referred to in subsection (3), the administrator must prepare the written statement of reasons that was originally requested and provide it to the person who requested it as soon as practicable (and in any event within 28 days) after the Tribunal’s decision.
51 Tribunal may determine whether person entitled to reasons or made request within reasonable time
(1) The Tribunal may, on the application of a person who has been refused a statement of reasons under section 50 (1) (a), make an order declaring that the person was, or was not, entitled to make the request to which the notice relates.(2) The Tribunal may, on the application of a person who has been refused a statement of reasons under section 50 (1) (c) on the basis that the person did not make the request within a reasonable time, make an order declaring that the person did make the request within a reasonable time.
52 Tribunal may order administrator to provide a statement of reasons or an adequate statement of reasons
(1) If an interested person has requested a statement of reasons under section 49 but has not received it within the period specified by or under that section, the Tribunal may (on the application of the person) order the administrator concerned to provide the statement of reasons within such time as may be specified in the order.(2) If an interested person who requested a statement of reasons under section 49 is given an inadequate statement of reasons, the Tribunal may (on the application of the person) order the administrator concerned to provide an adequate statement of reasons within such time as may be specified in the order.(3) For the purposes of this section, a statement of reasons is an adequate statement of reasons only if it sets out the matters referred to in section 49 (3).
(1) Who may apply for an internal review
If an administrator makes a reviewable decision, an interested person may apply for an internal review of that decision under this section.(2) Requirements for an application
An application for an internal review is:(a) to be in writing, and(b) to be addressed to the administrator concerned, and(c) to specify an address in Australia to which a notice under subsection (6) may be sent, and(d) to be lodged at the office (or an office) of the administrator within 28 days (or such later date as the administrator may allow) after the person:(i) if the person has requested reasons under section 49—was provided with a statement of reasons under section 49 or notified under section 50 of a refusal to provide reasons, or(ii) if the person has not requested reasons under section 49—was notified of the making of the reviewable decision, and(e) to comply with such other requirements as may be prescribed by the regulations in respect of the making of applications for internal reviews.(3) Who is to deal with an application?
An application for an internal review of a decision is to be dealt with by an individual (other than the administrator) who is directed to do so by the administrator (the internal reviewer). The internal reviewer directed to deal with an application must be, as far as is practicable, an individual:(a) who was not substantially involved in the process of making the decision under review, and(b) who is an employee of the administrator or is an employee of the same agency or organisation within which the administrator is employed, and(c) who is otherwise suitably qualified to deal with the issues raised by the application.(4) Material to be considered
In reviewing a decision, the internal reviewer is to consider any relevant material submitted by the applicant.(5) Review of the application
Following the internal review of the decision, the internal reviewer may:(a) affirm the decision, or(b) vary the decision, or(c) set aside the decision and make a decision in substitution for the decision that is set aside.(5A) Reviewer has functions of administrator
In exercising a function under subsection (5), an internal reviewer is taken for all purposes to have the right to exercise the same functions under any relevant enactment or other law that the administrator had in making the decision being reviewed.(5B) Reviewer to notify administrator of decision
An internal reviewer must notify the administrator of the result of, and the reasons for, his or her decision under subsection (5) as soon as is practicable after making the decision.(6) Notice of result of review and appeal rights
Within 21 days after the application for the internal review is lodged (or such other period as the administrator and person agree on), the administrator must notify the applicant in writing of:(a) the outcome of the internal review, and(b) the reasons for the decision in the internal review, and(c) the right of the person to have the decision reviewed by the Tribunal.(7) Statement of reasons
For the purposes of subsection (6), an applicant is notified of the reasons for a decision in an internal review only if the applicant is given a statement of reasons setting out the following:(a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based,(b) the understanding of the internal reviewer of the applicable law,(c) the reasoning processes that led the internal reviewer to the conclusions the reviewer made.(8) Status of decisions made on internal review
For the purposes of this Act, a reviewable decision that is affirmed, varied or set aside and substituted under subsection (5) is:(a) taken to have been made by the administrator (as affirmed, varied or substituted by the internal reviewer), and(b) taken to have been made on the date on which the applicant is given a notice under subsection (6).(9) When an internal review is finalised
An internal review is taken to be finalised if:(a) the applicant is notified of the outcome of the review under subsection (6), or(b) the applicant is not notified of the outcome of the review within 21 days after the application for the review is lodged (or such other period as the administrator and person agree on).Note. Section 55 provides that an interested person may apply for a review of a reviewable decision once an internal review of the decision is taken to be finalised under this subsection.(10) No internal reviews of decisions previously reviewed under this section
A person is not entitled to a review under this section of any decision previously reviewed under this section or a decision made under subsection (5).(11) Regulation-making powers
The regulations may:(a) prescribe requirements to be observed in relation to the conduct of an internal review under this section, or(b) exclude any class of reviewable decisions from the application of this section, or(c) alter the period within which an internal review must be conducted or a notice given under this section.
54 Guidelines for notices, reasons and internal reviews
(1) The regulations may prescribe guidelines with respect to any of the following:(a) the giving of notices for the purposes of Division 1,(b) the giving of reasons under Division 2,(c) the conduct of internal reviews under Division 3.(2) A person, in taking action under this Part, must have regard to any such guidelines as are then in force.