AustLII Tasmanian Numbered Regulations

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TAXI AND HIRE VEHICLE INDUSTRIES (REVIEW OF DECISIONS) REGULATIONS 2019 (S.R. 2019, NO. 73) - REG 10

Consideration of applications

(1)  The Commission must consider each application that is made to it in accordance with these regulations and, in doing so –
(a) must observe the rules of natural justice; and
(b) must ensure that any employee engaged in the review process –
(i) was not involved in the making of the administrative decision under review; and
(ii) is not under the direct control of a person who was involved in the making of the administrative decision under review; and
(c) may engage an independent mediator to assist in the review process; and
(d) may consult with representatives of, or organisations in, a sector of the taxi industry or luxury hire car industry if –
(i) the administrative decision under review relates to matters that are of general importance to that sector; and
(ii) it is possible to do so without prejudice to the applicant.
(2)  If an application is found to be frivolous or vexatious, the Commission must give the applicant immediate notice of that finding but the Commission is not required to take any further action on the application.
(3)  If subregulation (2) does not apply in relation to an application in respect of an administrative decision, the Commission must make a determination to –
(a) affirm the administrative decision; or
(b) vary the administrative decision if the decision is able to be varied and the variation is appropriate in the circumstances; or
(c) set aside the administrative decision.
(4)  If subregulation (3)(b) applies in relation to an application in respect of an administrative decision, the administrative decision as varied forms part of the determination in relation to the application for the purposes of these regulations.
(5)  If an administrative decision in relation to an application is set aside under subregulation (3)(c)  –
(a) the Commission must make a new administrative decision in place of the decision that has been set aside; and
(b) the new administrative decision forms part of the determination in relation to the application for the purposes of these regulations.
(6)  A determination under this regulation in relation to an application is to be made by the end of the later of the following periods:
(a) 10 working days after the day on which the application is lodged with the Commission;
(b) 10 working days after the Commission has received further information requested under regulation 6(4) .
(7)  The period in which a determination in relation to an application may be made may be extended, once only, for a period of 20 working days, if the Commission gives notice of the extension to the applicant within –
(a) the 10-day period specified in subregulation (6)(a) ; or
(b) if notice of an extension has not been given under paragraph (a) and further information has been requested under regulation 6(4) , the 10-day period specified in subregulation (6)(b) .
(8)  If a determination in relation to an application is not made within the period specified in subregulation (6) or within the period as extended under subregulation (7) , the Commission is taken to have made a determination that affirms the administrative decision to which the application relates.
(9)  The Commission must give an applicant notice of a determination in relation to an application as soon as practicable after it has been made or, if subregulation (8) applies, is taken to have been made.
(10)  A notice under subregulation (2) or (9) in relation to an application is to –
(a) give reasons for the finding or determination; and
(b) if applicable, inform the applicant of the applicant's right to have the decision reviewed and the procedure for applying for a review.


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