Commonwealth Consolidated Acts

AUSTRALIAN EDUCATION ACT 2013 - SECT 120

Application for review

  (1)   A relevant person for a reviewable decision may apply to the Secretary for review of the decision, unless the decision was made:

  (a)   by the Minister or Secretary personally; or

  (b)   under paragraph   81(1)(a), (b) or (d) or subsection   88(1) or 96(1).

  (2)   An application for review must:

  (a)   be in writing; and

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

  (c)   be made within:

  (i)   30 days after the decision was made; or

  (ii)   if the Secretary allows a longer period (whether before or after the end of the period referred to in subparagraph   (i))--that longer period.

Note:   Under section   121, further information may be required in relation to an application.

Review of decision

  (3)   On receiving an application, the reviewable decision must be reviewed by:

  (a)   the Secretary personally; or

  (b)   another person (the internal reviewer ) who:

  (i)   is a person to whom the power to make the decision has been delegated; and

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

  (iii)   if the decision was made by an individual--occupies a position that is at least the same level as the individual who actually made the decision.

Note:   Decisions may be made by computer programs (see section   124).

  (4)   In reviewing a decision, the Secretary or internal reviewer may exercise all powers and discretions that are conferred on the person who made the decision.

  (5)   The Secretary or the internal reviewer may:

  (a)   affirm, vary or set aside the reviewable decision; and

  (b)   if he or she sets aside the reviewable decision--make such other decision as he or she thinks appropriate.

  (6)   The decision (the decision on review ) of the Secretary or internal reviewer is taken (other than for the purposes of section   118) to have been made under the provision under which the original decision was made.

  (7)   The decision on review takes effect:

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

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

Notice of decision

  (8)   After the decision on review is made, the person who made the decision must give the applicant a written notice containing:

  (a)   the terms of the decision; and

  (b)   the reasons for the decision; and

  (c)   notice of any right of the applicant to have the decision reviewed by the Administrative Review Tribunal.

However, a failure to comply with this subsection does not affect the validity of the decision.