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9.2.3 Unfavourable Decisions
A delegate making an unfavourable decision must advise the affected person, in writing, in a clear, concise and complete manner. Such advice should contain the following elements:
- a covering letter, advising of
- the decision and what rights the affected person has to a review of the decision by a senior delegate (and noting the time within which an application shall be made) - or the AAT (and referring to the matters noted in para 9.2.6 below), as the case may be.
- a statement of reasons, advising
- the delegation under which the decision was made;
- the relevant legislation and policy matters applicable to the decision;
- how the affected person's circumstances are applicable to the relevant legislation and policy matters.
An affected person's right to apply for review of a decision under Sections 43 or 44 is not conditional upon notice of the decision having been provided to the person.
In some cases of decisions on applications for certificates of entitlement in relation to advances, it is possible that the decision to issue the certificate, while being generally favourable to the applicant, may nevertheless involve the making of reviewable decisions in relation to which the applicant has a right of review. This will be in relation to the amount and term of loan. Where the amount or term of loan approved is not that sought by the applicant, the terms of the decision, the reasons for the decision and a statement of the applicant's right to seek a review of that decision must be notified to the person, in accordance with s43(1), when the certificate is issued.