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5.2 Informal review


Immediately a s.29 notice is received, the case to which it relates should be reviewed by a delegate who was not involved in the making of the decision in question. The recommendation of the review, together with the case details, should be provided to the Administration Manager (DHOAS) and a decision will be made as to whether to continue with the appeal or replace the decision with one favouring the appellant.

Where, as a result of this informal review process, a decision in favour of the appellant is made, the Legal Services Branch should be informed immediately so that suitable action can be taken in the AAT to settle the matter.

Where the result of the informal review is a decision not to replace the decision which is the subject of the appeal, the documents are forwarded to Legal ServicesBranch, and the review process continues.

As a response to the AAT in the form of a s.37 statement (explained below) must be provided within 28 days of receipt of the s.29 notice, action to prepare and lodge the s.37 statement should proceed irrespective of the outcome of the informal review.  If a s.37 were not required, DSHwill be notified of this by an advocate from Legal Services Branch.