Coomalie Community Government Council makes Reviewable Decisions as defined in section 227 (1) (a) of the Local Government Act 2008 ("the Act").
A reviewable decision of Coomalie Council is a decision or order made by council, or an officer of council, that is designated as reviewable by the Act (or a by-law under the Act)
The following are designated by the Act as Reviewable Decisions: (a) a decision to reject an application for correction of an entry in the assessment record (Section 154(6) of the Act); (b) a regulatory order made under section 193, section 194 or section 195 of the Act (Section 196 of the Act); (c) a decision to refuse to suppress a person's name or address (or both) from publicly available material (Section 201(5) of the Act).
Right to Apply for Review (section 228 of the Act)A person who is adversely affected by a reviewable decision may, within 14 days after the date of the decision, apply to the Council's Chief Executive Officer (CEO) for a review of the decision.
The application must: (a) be made in writing; and (b) set out in detail the grounds on which the decision should, in the applicant's opinion, be re-considered.
The CEO may extend the period for making an application for review if the CEO is satisfied that there are exceptional circumstances justifying the extension.
Consideration of Application by Administrative Review Committee (section 229 of the Act) The CEO must, on receiving an application for review, refer the application to a committee established by the council for inquiring into such applications (an administrative review committee).
The administrative review committee may summarily reject an application for review if satisfied that the application is frivolous, vexatious or lacking in substance.
The administrative review committee: (a) must (unless it rejects the application as frivolous, vexatious or lacking in substance) inquire into the matters raised by the application; and (b) must make a recommendation on the application to the council.
The recommendation may be: (a) for confirmation of the decision; or (b) for amendment of the decision; or (c) for revocation of the decision; or (d) for making some further decision to mitigate the effect of the decision.
Council's Decision on Recommendation (section 230 of the Act) After receiving a recommendation from an administrative review committee, the council must make a final decision on the application. (2) The decision need not be consistent with the administrative review committee's recommendation. (3) The CEO must notify the applicant of the council's final decision on the application.
Appeal Against Council's Final Decision on Review (section 231 of the Act)An applicant may, within 28 days after the date of the notice of the council's final decision, appeal to the Tribunal against the decision.