Commonwealth Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 100

Review of reviewable decisions

             (1)  The decision-maker of a reviewable decision must give written notice of the reviewable decision to each person directly affected by the reviewable decision.

          (1A)  The notice must include a statement:

                     (a)  that:

                              (i)  the person may request a review of the reviewable decision in accordance with this section; or

                             (ii)  if the decision-maker is taken to have made the reviewable decision because of subsection 21(3) or 48(2)--the decision will be reviewed automatically; and

                     (b)  that the person may seek further review under section 103.

             (2)  A person who is directly affected by a reviewable decision may request the decision-maker to review the reviewable decision. If the person is given a notice under subsection (1) the person must make the request within 3 months after receiving the notice.

             (3)  A request may be made by:

                     (a)  sending or delivering a written request to the decision-maker; or

                     (b)  making an oral request, in person or by telephone or other means, to the decision-maker.

             (4)  If a person makes an oral request in accordance with paragraph (3)(b), the person receiving the oral request must:

                     (a)  make a written record of the details of the request; and

                     (b)  note on the record the day the request is made.

             (5)  If:

                     (a)  the decision-maker receives a request for review of a reviewable decision; or

                     (b)  the decision-maker is taken to have made a reviewable decision because of subsection 21(3) or 48(2);

the decision-maker must cause the reviewable decision to be reviewed by a person (the reviewer ):

                     (c)  to whom the decision-maker's powers and functions under this section are delegated; and

                     (d)  who was not involved in making the reviewable decision.

             (6)  The reviewer must, as soon as reasonably practicable, make a decision:

                     (a)  confirming the reviewable decision; or

                     (b)  varying the reviewable decision; or

                     (c)  setting aside the reviewable decision and substituting a new decision.

             (7)  A request for review of a reviewable decision, or a requirement to review a reviewable decision that the decision-maker is taken to have made, does not affect the operation of the decision or prevent the taking of action to implement the decision.

             (8)  A failure of the decision-maker to comply with subsection (1) does not affect the validity of the reviewable decision or the right of a person directly affected to request review of the decision.



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