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AGED CARE ACT 1997 - SECT 85.5

Reconsideration of reviewable decisions

Request for reconsideration of reviewable decision

             (1)  A person whose interests are affected by a * reviewable decision (other than a reviewable decision under Division 35 or section 52G-4) may request the Secretary to reconsider the decision.

          (1A)  A person whose interests are affected by a * reviewable decision under Division 35 or section 52G-4 may request the * Aged Care Pricing Commissioner to reconsider the decision.

             (3)  The person's request must be made by written notice:

                     (a)  for a request that relates to a reviewable decision other than a reviewable decision under Division 35 or section 52G-4--given to the Secretary:

                              (i)  within 28 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; or

                             (ii)  if the decision is a decision under section 44-24 to make a determination under subsection 44-24(1) or paragraph 44-24(2)(b), (3)(b) or (4)(b)--within 90 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; or

                     (b)  for a request that relates to a reviewable decision under Division 35 or section 52G-4--given to the * Aged Care Pricing Commissioner within 28 days, or such longer period as the Aged Care Pricing Commissioner allows, after the day on which the person first received notice of the decision.

             (4)  The notice must set out the reasons for making the request.

          (4A)  The person's request must comply with section 85-6 (application fee) if the * reviewable decision was made under subsection 29-1(1) (a decision to change the classification of a care recipient).

Reconsideration of reviewable decision

             (5)  After receiving the request, the Secretary or the * Aged Care Pricing Commissioner must reconsider the decision and:

                     (a)  confirm the decision; or

                     (b)  vary the decision; or

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

             (6)  The decision of the Secretary or the * Aged Care Pricing Commissioner (the decision on review ) to confirm, vary or set aside the decision takes effect:

                     (a)  on the day specified in the decision on review; or

                     (b)  if a day is not specified--on the day on which the decision on review was made.

             (7)  The Secretary or the * Aged Care Pricing Commissioner is taken, for the purposes of this Part, to have confirmed the decision if the Secretary or the * Aged Care Pricing Commissioner does not give notice of a decision to the person within 90 days after receiving the person's request.

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

             (8)  If a committee has been established under section 96-3 and a function of the committee is to provide advice to the Secretary or the * Aged Care Pricing Commissioner in relation to the reconsideration of a particular kind of * reviewable decision, the Secretary or the * Aged Care Pricing Commissioner:

                     (a)  may refer a reviewable decision of that kind to the committee for advice; and

                     (b)  must, in reconsidering the decision, take account of any advice of the committee in relation to the decision.



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