Division 2 · Review of decisions
169ABReviewable decisions#
Each decision referred to in column 1 of the following table is a reviewable decision. A provider or registered provider referred to in column 2 of that table in relation to a reviewable decision is the affected provider for the decision.
| Reviewable decisions | ||
|---|---|---|
| Item | Column 1Reviewable decision | Column 2Affected provider for the reviewable decision |
| 1 | A decision by the ESOS agency for a provider to refuse to register the provider under section 10 | The provider |
| 2 | A decision by the ESOS agency for a registered provider to register the provider under section 10 for a particular period | The registered provider |
| 3 | A decision by the ESOS agency for a provider or registered provider to impose a condition on, or to vary or remove a condition of, the provider’s registration under section 10B | The provider or registered provider |
| 4 | A decision by the ESOS agency for a registered provider to refuse to renew the provider’s registration under section 10E | The registered provider |
| 5 | A decision by the ESOS agency for a registered provider to renew the provider’s registration under section 10E for a particular period | The registered provider |
| 6 | A decision by the ESOS agency for a registered provider to refuse to add a course at a location to the provider’s registration under section 10J | The registered provider |
| 7 | A decision by the ESOS agency for a registered provider to extend the provider’s period of registration under section 10L | The registered provider |
| 8 | A decision by the ESOS agency for a registered provider not to notify the provider under subsection 46A(4) | The registered provider |
| 9 | A decision by the ESOS agency for a registered provider to take action against the provider under section 83 | The registered provider |
| 10 | A decision by the ESOS agency for a registered provider not to give the provider a notice under subsection 89(4) or 95(3) | The registered provider |
| 11 | A decision by the ESOS agency for a registered provider to extend, or not to extend, the measurement period in relation to the provider under section 92B | The registered provider |
169ACNotice of decision#
(1)The ESOS agency must, as soon as practicable after making a reviewable decision, give the affected provider for the decision a written notice containing:
(a)the terms of the decision; and
(b)the reasons for the decision; and
(c)notice of the provider’s right to have the decision reviewed.
(2)A failure to give the notice required by this section does not affect the validity of the reviewable decision.
169ADApplication for internal review of reviewable decisions made by delegates#
(1)If a reviewable decision is made by a delegate of the ESOS agency for an affected provider, the affected provider for the decision may apply to the agency for review of the decision.
Note: Reviewable decisions whether or not made by a delegate of the ESOS agency may be reviewed by the Administrative Review Tribunal (see section 169AG).
(2)The application must:
(a)be made in the form approved, in writing, by the ESOS agency; and
(b)be accompanied by any information and documents required by the agency; and
(c)be made within:
(i)30 days after the affected provider for the decision is notified of the decision; or
(ii)if the agency allows a longer period (whether before or after the end of that 30 day period)—that longer period.
(3)After receiving such an application, the ESOS agency may, by written notice given to the applicant, determine that the operation of the decision is stayed pending the outcome of the review.
(4)If the ESOS agency makes a determination under subsection (3), the operation of the decision is stayed by force of this subsection:
(a)from whichever of the following applies:
(i)the start of the day that the determination is made;
(ii)if the determination specifies a later day—the start of that later day; and
(b)until whichever of the following applies:
(i)a decision is made under section 169AE in relation to the reviewable decision;
(ii)an application is made in accordance with section 169AG for review of the reviewable decision.
Note 1: Section 169AE deals with internal review. Section 169AG deals with review by the Administrative Review Tribunal.
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(5)A determination made under subsection (3) is subject to any conditions that are specified in the determination.
169AEInternal review of reviewable decisions#
(1)If an application for review of a reviewable decision is made under section 169AD to the ESOS agency for an affected provider, the agency must:
(a)review the reviewable decision; or
(b)cause the reviewable decision to be reviewed by a delegate of the agency:
(i)who was not involved in making the decision; and
(ii)who occupies a position that is at least the same level as that occupied by the delegate who made the decision.
(2)The internal reviewer may:
(a)affirm, vary or set aside the reviewable decision; and
(b)if the internal reviewer sets aside the decision—make such other decision as he or she thinks appropriate.
(3)The decision (the internal review decision) of the internal reviewer is taken (other than for the purposes of section 169AB) to have been made under the provision under which the reviewable decision was made.
(4)The internal reviewer must, as soon as practicable after making the internal review decision, give the applicant a written notice containing:
(a)the terms of the decision; and
(b)the reasons for the decision; and
(c)notice of the applicant’s right to have the decision reviewed by the Administrative Review Tribunal.
(5)A failure to comply with subsection (4) does not affect the validity of the internal review decision.
169AFInternal review decision must be made within 120 days#
(1)The internal reviewer must make a decision on an application for review of a reviewable decision within 120 days after the application is made under section 169AD.
(2)If the internal reviewer does not make a decision on the application within that period, the internal reviewer is taken to have made a decision under section 169AE to affirm the reviewable decision at the end of that period.
169AGReview by the Administrative Review Tribunal#
(1)Applications may be made to the Administrative Review Tribunal for review of:
(a)a reviewable decision; or
(b)a decision of the internal reviewer made under section 169AE that relates to a reviewable decision; or
(c)a determination by the TPS Director of an amount of TPS levy payable by a provider or registered provider under subsection 53A(1).
(2)An application under paragraph (1)(a) or (b) of this section may only be made by, or on behalf of, the affected provider for the reviewable decision referred to in that paragraph.
(3)An application under paragraph (1)(c) of this section may only be made by, or on behalf of, the provider or registered provider referred to in that paragraph.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.