This Part also sets out rules about how the Commission may exercise its powers. Many powers of the
Commission may only be exercised after conducting a specific consultation process. Certain decisions
also require the Commission to publish and seek comment on a draft of any proposed instrument
before the final instrument can be made. The Commission is obliged to publish all regulations, rules,
licences and other significant documents issued under the Bill, subject to confidentiality obligations
designed to protect licensees’ sensitive information.
Part OI - Reconsideration and Rehearings
Part IZ sets out the process which a person affected by a decision of the Commission may seek a
review of the decision: improving the quality of regulatory decisions, confidence in regulatory
outcomes, and enhancing transparency and accountability. This Part sets out three avenues for review.
The first is that a person directly affected by a decision of the Commission may apply to the
Commission to reconsider the decision. Following an application the Commission must consider the
application and notify the applicant as to whether the decision will be reconsidered. The Commission
must then comply with any consultation requirements that applied when the decision was initially
made. Reconsideration is intended to be a simple and efficient method for addressing errors.
An affected person may also apply to an appeals panel to have a decision of the Commission reheard.
The membership of the appeals panel must be drawn from a register of experts to be maintained by the
* Commission, The appeals panel has the power to affirm, vary or set aside decisions of the Commission.
Because a rehearing may be expensive and create uncertainty while the matter is being
decided, this avenue is limited to considering decisions that may require specialist international
expertise.
A person may also seek judicial review of an administrative decision, However, it is intended that this
option would not be available where other review avenues have not been exhausted ¢or where the
appeals panel may review v the decision.
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