Monday, September 28, 2020

Strata Schemes Management Act 2015 No 50

Part 11
Division 4
Section 213

Review of decisions | Section 213

(1) Right to apply for review An interested person may apply to the Secretary for a review of a reviewable decision.

(2)  The following persons are interested persons in relation to a reviewable decision—

(a)  the developer of a strata scheme to which the decision is related,

(b)  the owners corporation of a strata scheme to which the decision is related,

(c)  the owner of a lot in a strata scheme to which the decision is related,

(d)  any other person prescribed by the regulations for the purposes of this section.

(3) Reviewable decisions The regulations may prescribe decisions under this Part that are to be the reviewable decisions for the purposes of this section.

(4) Applications An application for a review is to be made in accordance with the regulations.

(5) Individuals who may carry out reviews An application for a review of a decision is to be dealt with by an individual other than the person who made the decision who is (if the reviewer is not the Secretary) approved by the Secretary.

(6)  The reviewer must be, as far as practicable, an individual—

(a)  who was not substantially involved in the process of making the decision under review, and

(b)  who is a member of staff of the Department of Finance, Services and Innovation, and

(c)  who is suitably qualified to deal with the issues raised by the application.

(7) Powers on review In reviewing a decision, the reviewer is to consider any relevant material submitted by the applicant.

(8)  Following the review of the decision, the reviewer may—

(a)  affirm the decision, or

(b)  vary the decision, or

(c)  set aside the decision and make a decision in substitution for the decision that is set aside.

(9)  In exercising a function under subsection (8), a reviewer is taken for all purposes to have the right to exercise the same functions in law that the person who made the decision had in making the decision being reviewed.

(10) Reviewer to notify relevant decision maker of decision A reviewer must notify the Secretary of the result of, and the reasons for, his or her decision under subsection (8) as soon as is practicable after making the decision.

(11) Statement of reasons For the purposes of this section, an applicant is notified of the reasons for a decision in a review only if the applicant is given a statement of reasons setting out the following—

(a)  the findings on material questions of fact, referring to the evidence or other material on which those findings were based,

(b)  the understanding of the reviewer of the applicable law,

(c)  the reasoning processes that led the reviewer to the conclusions the reviewer made.

(12) Status of decisions made on review For the purposes of this Act, a reviewable decision that is affirmed, varied or set aside and substituted under this section is—

(a)  taken to have been made by the person who made the original decision (as affirmed, varied or substituted by the reviewer), and

(b)  taken to have been made on the date under which the applicant is given a notice of the decision under this section.

(13) No reviews of decisions previously reviewed under this section A person is not entitled to a review under this section of any decision previously reviewed under this section or a decision made under subsection (8).

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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