(1)  If the Secretary has granted an approval under section 38 , the Secretary may, at any time –

(a) of his or her own motion; or

(b) on application by, or on behalf of, a person with disability to whom the approval relates or a person nominated by the person; or

(c) on application by the disability services provider, or funded private person, to whom the approval is granted –

review the approval.

(2)  The Secretary, after reviewing an approval granted under section 38 , may, by notice in writing to –

(a) the disability services provider or funded private person to whom the approval was granted; and

(b) the person with disability to whom the approval relates or a person nominated by the person –

amend or revoke the approval.

(3)  The Secretary may only amend or revoke an approval granted by the Secretary under section 38 if the Secretary is satisfied that consultation on the Secretary's behalf with –

(a) the disability services provider or funded private person to whom the approval was granted; and

(b) the person with disability to whom the approval relates or a person nominated by the person –

has occurred and the Secretary has taken into account matters raised in that consultation.

(4)  A person with disability to whom an approval under section 38 relates, or a person nominated by the person, may apply to the Tribunal for a review of the approval granted by the Secretary.

(5)  If an application is made under subsection (4) in relation to an approval –

(a) the approval is taken to be an approval granted under section 42 by the Tribunal after a hearing was held by the Tribunal; and

(b) the application is to be treated as an application under section 45 for a review of the approval.