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    Reconsideration and review of decisions

    This section provides details on the reconsideration and review process of certain decisions made by the Quality Agency.

    The Quality Agency Principles 2013 (Principles) make provisions for reconsideration and review of certain decisions made by the Quality Agency under the Principles.

    Reconsideration decisions are made by the Quality Agency and those decisions may then be reviewed by the Administrative Appeals Tribunal (AAT). The AAT is a review authority independent of the Quality Agency.

    Reconsiderations

    You are able to request reconsideration of certain decisions if you are dissatisfied with the decision and want a different decision-maker of the Quality Agency to re-look at that decision.

    Decisions that can be reconsidered by the Quality Agency

    An approved provider of a service may request reconsideration of one of the following decisions by Quality Agency:

    • to refuse to accredit a commencing service
    • to refuse to re-accredit an accredited service or a previously accredited service
    • to decide the period of accreditation of an accredited service or a previously accredited service
    • to revoke the accreditation of an accredited service following a re-accreditation site audit or a review audit
    • to vary the period of accreditation of an accredited service following a review audit.

    A person whose registration as a quality assessor has been cancelled may also request reconsideration of the decision to cancel the registration.

    Reconsideration on CEO’s own initiative

    The CEO of the Quality Agency may reconsider a decision mentioned above if the CEO is satisfied there is sufficient reason to do so.

    If the CEO decides to reconsider a decision on the CEO’s own initiative, the relevant person for the decision will be notified in writing that the decision will be reconsidered.

    Applying for reconsideration of a decision

    A relevant person as specified under section 2.66 of the Principles may request reconsideration of a notified decision; this is either the approved provider delegate of the service or the quality assessor.

    A request for reconsideration of one of the decisions listed above must:

    • be made in writing to the Quality Agency
    • include a statement of the grounds on which reconsideration is sought
    • be given to the Quality Agency within 14 days of the relevant person being notified of the original decision.

    Applications for reconsideration are to be submitted to:

    By Email: reconsideration@aacqa.gov.au

    Please use ‘Director Regulatory Policy – Urgent request for reconsideration’ in the email subject

    By Mail:

    Attn: Director Regulatory Policy
    Urgent Request for Reconsideration
    PO Box 773
    PARRAMTTA NSW 2124

    Download application

    Download the application for reconsideration form here

    Reconsideration decision

    If the Quality Agency receives an application for reconsideration that meets the requirements specified above, or the CEO decides to reconsider a decision on the CEO’s own initiative, the person who reconsiders the decision will either

          i.        confirm the decision

         ii.        vary the decision

        iii.        set aside the decision and substitute a new decision.

    The relevant person will be notified of the reconsidered decision within:

    • 14 days after a request for reconsideration was received for a decision relating to the period of accreditation for a residential aged care service or cancellation of registration as a quality assessor
    • 56 days after a request for reconsideration was received for a decision relating to a decision to refuse or revoke accreditation or re-accreditation of a residential aged care service.

    Where a decision to accredit a commencing service or re-accredit an accredited service or a previously accredited service has been made, the approved provider of the service will be given a Certificate of Accreditation setting out the accreditation period.

    Where a decision to vary the period of accreditation has been made, the approved provider of the service will be given a new Certificate of Accreditation setting out the new accreditation period.

    A relevant person has the right to seek review of the reconsideration decision by the Administrative Appeals Tribunal (AAT).

    Publication of reconsideration decisions

    The reconsideration decision is published on the Quality Agency’s website within 28 days after the reconsideration decision was made.

    If the reconsideration decision was in relation to the accreditation of a service, any site audit report or review audit report that was considered in making the decision is also published.

    If a review of the reconsideration decision by the AAT is sought, a notice is published stating the reconsideration decision is subject to review by the AAT.

    Review by the Administrative Appeals Tribunal

    Applications may be made to the AAT for review of reconsideration decisions made by the Quality Agency.

    There is a time limit in which to apply for a review to the AAT and application fees are payable in the AAT. More information about the AAT, timeframes and fees can be found at the AAT’s website www.aat.gov.au.

    The AAT’s decision is published on the Quality Agency’s website within 28 days after the decision was made.

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