The department will be closed from Wednesday 27 December 2023 to Monday 1 January 2024. We will respond to queries in the New Year. Best wishes for a safe and happy festive season.
Where an interested person in respect of proceedings before the Director is dissatisfied with the decision made, the person can apply to the Commission for a review of that decision.
The application for review must be made within one (1) month after the applicant receives the written reasons for the decision or such longer period as the commission may allow. A written submission must be made to the commission for consideration of an application
received outside the one month time frame.
A copy of the application is to be served immediately on the Director and every other person who was an interested person in respect of proceedings before the Director.
The application must clearly state:
Please note: the Director's decision will have effect unless the commission, by way of an interim order (in some cases), otherwise directs.
The Director's decision will have effect unless the Ccmmission, by way of an interim order, otherwise directs.
An interim order can be granted on application(s) lodged for review of the Director's decision when:
The commission may consider an application for review via the papers that were before the Director when making the determination or by way of oral submissions. Notice of this will be sent on lodgement of the application for review.
The commission will only accept and take into account any submissions that are based on the documentation that was before the Director when making the determination that is the subject of this application for review. No new evidence can be presented.
The commission cannot reconsider any finding of fact by the Director as to:
unless the review is sought by the person who lodged the application in respect of which the decision was made or, where a finding referred to in paragraph (a) is made, by the person in respect of whom the finding was made.
An application for review cannot be lodged against a decision of the Director:
The commission when making its decision may:
The commission is to be constituted by three members if:
When conducting a review of a decision involving a question of law or giving directions as to any question of law, reviewed, the commission is to be constituted by, or is to include, a member who is a legal practitioner.
All other application(s) for review are to be heard by a panel of one member.
The member or members who are to constitute the panel in relation to any application shall be selected by the Chairperson, who may have regard for their respective knowledge or experience relating to the application lodged.
Do not submit enquiries with this form.