South Australian Consolidated Acts

RAIL SAFETY ACT 2007 - SECT 119

119—Review by Regulator

        (1)         An eligible person—

            (a)         in relation to a reviewable decision made by the Regulator may, within 28 days after the decision was made, apply to the Regulator for a review of the decision;

            (b)         in relation to a reviewable decision, other than a decision made by the Regulator, may apply to the Regulator for review of the decision within—

                  (i)         28 days after the day on which the decision first came to the eligible person's notice; or

                  (ii)         such longer period as the Regulator allows.

        (2)         The application must be in the form approved (in writing) by the Regulator.

        (3)         If an application is made to the Regulator in accordance with this section, the Regulator must make a decision—

            (a)         to affirm or vary the reviewable decision; or

            (b)         to set aside the reviewable decision and substitute another decision that the Regulator considers appropriate.

        (4)         The Regulator must give a written notice to the applicant setting out—

            (a)         the Regulator's decision under subsection (3) and the reasons for the decision; and

            (b)         the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based,

and must do so within 14 days after the application is made or, if the reviewable decision was made under section 101, 106 or 109, within 7 days after the application is made.

        (5)         If the Regulator has not notified an applicant of a decision in accordance with subsection (4), the Regulator is taken to have made a decision to affirm the reviewable decision.

        (6)         An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Regulator, on the Regulator's own initiative or on the application of the applicant for review, stays the operation of the decision (not being an immediate suspension of accreditation or a prohibition notice) pending the determination of the review.

        (7)         The Regulator must make a decision on an application for a stay by the end of the next business day following the day on which the application is made.

        (8)         If the Regulator has not made a decision in accordance with subsection (7), the Regulator is taken to have made a decision to grant a stay.

        (9)         The Regulator may attach any conditions to a stay of the operation of a reviewable decision that the Regulator considers appropriate.