Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 209.1

             (1)  The reviewer of a * reviewable decision is:

                     (a)  if the * decision maker was a higher education provider acting on behalf of the * Secretary--the Secretary; or

                     (b)  if the * decision maker was * Open Universities Australia acting on behalf of the * Secretary--the Secretary; or

                     (c)  in any other case--the decision maker, but see subsection (2).

             (2)  If:

                     (a)  a * reviewable decision was made by a delegate of a * decision maker; and

                     (b)  the decision is to be reconsidered by a delegate of the decision maker;

then the delegate who reconsiders the decision must be a person who:

                     (c)  was not involved in making the decision; and

                     (d)  occupies a position that is senior to that occupied by any person involved in making the decision.

Note 1:       The Secretary may delegate to a review officer of a higher education provider the power to reconsider reviewable decisions made under section 36-20 or Chapter 3: see subsection 238-1(2).

Note 2:       The Secretary may also delegate to a review officer of Open Universities Australia the power to reconsider reviewable decisions made under Chapter 3: see subsection 238-1(2A).