Pyrite Resolution Act 2013
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Appeals to appeals officer | ||
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28. (1) An applicant may appeal a decision of the Board under section 18 (3)(b) or a decision to defer under section 19 (3) or (6)(a) to an appeals officer. | ||
(2) Subject to subsection (3), an appeal under this section shall be made not later than the period specified in section 18 (4) or section 19 (8), as appropriate. | ||
(3) The period referred to in subsection (2) may, at the request in writing of the applicant, be extended by the appeals officer— | ||
(a) for a further period not exceeding 14 days after the expiry of the period referred to in subsection (2), or | ||
(b) for a further period not exceeding 30 days after the expiry of the period referred to in subsection (2) where the appeals officer is satisfied that the applicant has given reasonable cause to so extend. | ||
(4) An appeal under this section shall state the reasons for the appeal. | ||
(5) The Minister shall prescribe procedures for hearing and determining appeals by an appeals officer including in relation to— | ||
(a) the form in which the appeal shall be made, including electronic form, | ||
(b) the making of submissions, whether oral or written, to the appeals officer, | ||
(c) requests for further information by the appeals officer, and | ||
(d) examination by the appeals officer of the applicant and any other person whom the appeals officer considers appropriate. | ||
(6) In considering an appeal under this section an appeals officer shall— | ||
(a) not be confined to the grounds on which the decision of the decision maker was based, but may decide the matter the subject of the appeal as if it were being decided for the first time, | ||
(b) subject to procedures prescribed under subsection (5), as he or she considers appropriate, consider written or oral submissions made by the applicant and consult with the Board, | ||
(c) make a decision in writing determining the appeal as soon as is practicable in all the circumstances of the case, which may be a determination to— | ||
(i) confirm the decision the subject of the appeal, | ||
(ii) revoke the decision and replace it with such other decision as the appeals officer considers appropriate, or | ||
(iii) refer the matter back to the Board for reconsideration in accordance with such directions as the appeals officer considers appropriate, | ||
and | ||
(d) send a copy of the decision to the applicant together with his or her reasons for the decision and shall advise that it can be appealed to the High Court on a point of law within 28 days. |