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9.2.7 Other Affected Persons
Generally speaking, the only affected person will be the applicant or borrower whose application has been refused. In cases involving the bankruptcy and insolvency-related provisions of Section 45A or the transfer-related provisions of Section 22, there will be more than one affected person.
In Section 45A cases, the affected persons usually will be the borrower whose property is the subject of action under the Bankruptcy Act 1966 or the judgement debt and:
- in the case of bankruptcy - the Official Receiver or Trustee in Bankruptcy; or
- in the case of a judgement debt - the creditor(s) seeking satisfaction of that debt.
In Section 22 cases, the affected persons will be the current borrower and the proposed transferee or, if the property forms part of a deceased estate, the legal personal representative of the deceased borrower and the proposed transferee.
In assignment cases, the affected persons will be the assignor applicant and the assignee.
In such cases, the terms of the decision under Sections 22, 23A, or 45A and the reasons for the decision should be notified in writing to both parties but it will be necessary to provide a statement of appeal rights only to the party not favoured by the decision.
The favoured party should be notified that the other party has been advised of the decision and of his/her appeal rights. In those cases where the decision is not the one sought by either party - such as a refusal of a proposed transfer from the legal personal representative of a deceased borrower to an ineligible person - both parties should be provided with a statement of their appeal rights.
There is a right of review under the Act against a decision not to issue a certificate of entitlement in relation to both Section 22 and 45A cases.
The Bank is excluded by subsections 43(7) and 44(1) from being an affected person.