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9.2.5 Internal Review by Senior Delegate

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A person affected by an unfavourable decision, has the right for a review of that decision by a delegate, senior to the delegate who made the initial decision.

Such an application should by made by the affected person within 30 days of becoming aware of the decision.

A review decision must be made by a person who was not involved in the making of the relevant reviewable decision and who occupies a position senior to that of the delegate who made that reviewable decision. A review decision may affirm, vary or revoke the reviewable decision.

Where a reviewable decision was made by the Secretary personally, subsection 43 (5) requires that any application for a review of that decision must be referred to the Minister (who will make the review decision).

The Defence Service Homes Act 1918 [s44(1)] imposes on persons who make adverse review decisions, the same requirements as those in relation to primary reviewable decisions [s43(1)]. Review decisions should also be notified to the affected person as soon as practicable, and within 28 days, but there is no specific requirement under the Act for this. In the case of adverse review decisions, the notice in writing must contain the terms of and reasons for the decision and a statement setting out the person's right to appeal to the AAT.