The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.R.60 Review determination

Definition

Under the National Redress Scheme, a 'review determination' is the outcome of a review of an original determination. An individual can apply for a review after they receive the original determination (the outcome of the application process). The review request must be completed using the ‘Application for Review of Determination form.’

A different Independent Decision Maker from the one who made the original decision will complete the review. This Independent Decision Maker will review:

  • the same information that was available to the original Independent Decision Maker
  • any additional information and documents provided with the ‘Application for Review of Determination form’
  • other information requested by the new Independent Decision Maker from the applicant or from a relevant institution/s.

A review determination can lead to:

  • affirming the original determination (the outcome of the application stays the same)
  • varying the original determination (the outcome of the application is changed), or
  • setting the original determination aside and substituting a new determination (the outcome of the application is changed).

A redress offer cannot be reduced where the Independent Decision Maker conducting the review has the same information and documents that were available to the original Independent Decision Maker. A review determination can be adjusted to account for additional information and documents that were not available at the time of the original decision.

Act reference: NRSAct section 75 The review

Policy reference: Redress Guide Part 4 Determinations & offers of redress

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