Tasmanian Consolidated Acts

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DISABILITY SERVICES ACT 2011 - SECT 45

Review, amendment and revocation of approval by Tribunal
(1)  An application for a review of an approval granted under section 42 may be made to the Tribunal by –
(a) a person with disability to whom the approval relates or a person nominated by the person; or
(b) the disability services provider, or funded private person, to whom the approval was granted.
(2)  The Tribunal –
(a) on its 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 was granted –
may review an approval granted under section 42 .
(3)  If an approval was granted under section 42 without a hearing being held, the Tribunal 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 –
amend or revoke the approval.
(4)  The Tribunal may only amend or revoke an approval granted by the Tribunal under section 42 without a hearing being held if the Tribunal has consulted 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.
(5)  If an approval was granted under section 42 after a hearing, the Tribunal may only amend or revoke the approval at the conclusion of a hearing for the purposes of subsection (6) of a review in respect of the approval.
(6)  The Tribunal may hold a hearing of a review in respect of an approval granted under section 42 .
(7)  For the purposes of subsection (6) , a hearing of a review is to be held under the Tasmanian Civil and Administrative Tribunal Act 2020 .
(8)  The Tribunal, at the conclusion of a hearing in accordance with subsection (6) to review an approval granted under section 42 to a disability services provider or funded private person, may amend or revoke the approval.


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