COMCARE OPERATIONAL ADVICE NO 7
RECONSIDERATION OF DECISIONS UNDER SECTION 34
Branch Heads
State Commissioners
Senior Rehabilitation Advisor's
Majors
The following procedure will be adopted for dealing with applications for reconsideration of section 34 decisions (Approval of Rehabilitation Program Providers).
On receipt of a request for reconsideration in the Prevention and Rehabilitation Branch, a file will be established and the relevant papers will be requested from the Senior Rehabilitation Advisor (SRA) in the State where the primary decision was made.
The papers will then be inspected by both an officer, with appropriate knowledge and experience, in the Central Office Branch and an SRA from a State other than the one making the primary decision.
Any questions or issues raised by these two officers (the review officers) will then be followed up by written request to the applicant or to the primary decision maker.
At this point the review officers can make a recommendation to the delegate, the Assistant Commissioner, Prevention and Rehabilitation that:
(a)the primary decision be overturned and the applicant approved under section 34 as a rehabilitation program provider (such a situation might occur when additional information, not available to the primary decision maker is clearly in the applicant's favour);
(b)the applicant be interviewed to gain first hand information to support the request. Such an interview would be conducted by the Assistant Commissioner, Prevention and Rehabilitation as the responsible officer, and at least one of the reviewing officers; or
(c)reject the request on the basis of the written material. This would only occur in cases where the issues are clear cut and the applicant is obviously unsuitable.
A recommendation to the delegate will set out the facts, the reason for the decision, and the decision itself. This document, which should meet the requirements of s.13 of the AD(JR) Act, may then be signed by the delegate, and attached to the letter advising the applicant of the decision.
Where a reconsideration interview occurs, interviewing officers will prepare a clear record of interview indicating the basis for any decision that is made as it relates to legislative requirements set down in section 34(4) of the CERC Act.
Following this process the applicant will be advised of the results of the reconsideration and the reasons for the decision. If approval is not granted the person will be advised that if still dissatisfied with the decision, they have further recourse to the AAT, as set out in section 63 and section 64 of the CERC Act.
SUE HAMILTON
First Assistant Commissioner
23 January 1989