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12.5.1 Nature and conduct of the internal review


Note that this review is not a 'reconsideration' within the meaning of S62 of the SRCA. It can be undertaken by any officer with APS5 delegations.

The reviewing officer should accept that the client had 'reasonable excuse' if:

  • he or she was physically prevented from attending by some unexpected event, for example a vehicle breakdown in transit, a sudden cancellation of a regional commuter airline flight, a sudden serious illness requiring hospitalisation or other physical restraint (including heavy sedation), etc.
  • the letter advising the client of the appointment and the consequences of default, did not reach the client – for instance, it was not passed on by his/her lawyer.

The outcome of this informal review is not itself a reconsideration under S62. However, it is subject to a S62 reconsideration on request, with the outcome of that reconsideration (if not favourable to the client) of course subject to appeal to the AAT in the normal way.