Review of a licence decision
Under section 40 of the Act eligible persons may seek a ministerial review of a licence decision made by the CEO. The following licence decisions are reviewable:
- to refuse to grant a licence
- to impose conditions on a licence
- to suspend a licence
- to cancel a licence
- to amend a licence
- not to approve the surrender of a licence
- to issue a licence for a particular period, rather than for a longer period or indefinitely
- not to extend the period for which a licence was issued.
An ‘eligible person’ in relation to a decision to refuse to grant a licence means the person who applied for the licence, and in relation to any other licence decision, it is the licence holder.
Other reviewable decisions
Decision on a declaration of exemption
Under section 86 of the Regulations a ministerial review may be sought by a controlled person who is affected by a decision of the CEO of ARPANSA to either:
- Refuse to make a declaration under subsection 9(2), 13(2), 43(2) or 44(4) or (5) of the Regulations, or;
- Make a declaration under subsection 44(2) of the Regulations.
Decision to give a direction
Under section 42 of the Act a controlled person who has been given a direction by the CEO of ARPANSA under section 41 may ask the Minister to reconsider the decision.
Review by the Minister
A request for review of a decision must be in writing and must be given to the Minister within 28 days of the CEO making of the decision.
If a request for review is lodged, the Minister must reconsider the CEO’s decision and confirm, vary or set aside the decision.
The Minister is taken to have confirmed the decision if the Minister does not give written notice within 60 days of the request.
Review by the Administrative Review Tribunal (ART)
Further provisions are made in the Act and Regulations for review of decisions made by the Minister.
