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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, and of the reasons for 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 (the reviewer ) must review the reviewable decision.

          (5A)  The decision-maker cannot review the reviewable decision personally if the decision-maker was involved in making the reviewable decision.

          (5B)  A delegate of the decision-maker cannot review the reviewable decision if the delegate was involved in making the reviewable decision.

             (6)  The reviewer must 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.

          (6A)  The reviewer must make the decision under subsection (6):

                     (a)  within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph; or

                     (b)  if there are no such rules--within the period of 90 days beginning on:

                              (i)  if paragraph (5)(a) applies--the day the request is received; or

                             (ii)  if paragraph (5)(b) applies--the day after the end of the period applicable under paragraph 21(3)(a) or (b) (as appropriate).

             (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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