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Review Decision Recalled

#1 User is offline   myweelady 

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  Posted 27 September 2006 - 12:05 AM

Has anyone experienced a review decision being recalled and a date set for a new review.
DRSL totally stuffed up and when I pointed out that the decision had nothing to do with my review application they told me on 4 occassions that I had to apply to the High Court to change it.
So why not DRSL?
I believe under the Act that the decision is now deemed in my favour.
Any help please
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#2 User is offline   Alan Thomas 

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Posted 27 September 2006 - 10:39 AM

the reviewer has no power to determine what he is reviewing. the legislation requires the ACC to set the review hearing date. A contract this duty to DRSL. It is therefore pointless addressing either the reviewer will DRSL.

Write to the ACC stating in baby language what your review hearing application was about in comparison with what ACC cuts before the reviewer. The language must be simple enoughd istinguishing the difference so as to prevent the potential of the ACC saying the reviewer heard your application.

If the ACC are unhappy with the deemed decision then there are only recourse is to appeal. If they have not appealed with than the specified time they cannot appeal. It is up to the ACC to notify you of a deemed decision even if they do not agree with the outcome.

If three or four weeks have gone by since the review hearing date, or more particularly after the expiry of three months to set a date then you have a deemed decision. In your letter reminds the Corporation that there is a deemed decision in your favour as if the reviewer has made a decision and that they have delayed in the process of that decision. Give them seven days to confirm the deemed decision in the plan to action that decision or you will submit a review hearing application under S134(1) (B), the delay of the process from that deemed decision.

When you have your new review hearing regarding the delay of process the very careful not permit them to discuss the merits of your original application but only whether or not the act permits you to have the things of the deemed decision. For example you cannot have a deemed decision for a trip to the moon. Neither the ACC nor the reviewer can negotiate the outcome of the deemed decision if it was something within the act.

The ACC will ask the reviewer to effectively conduct a new review hearing in regards to the original matter under the guise or excuse that they are checking to see if the review hearing application was a proper application. This is irrelevant as there is a deemed decision as if the reviewer has already made it. They do not have this power. If they are unhappy with the deemed decision it only recourse is by way of appeal and not a rehearing, which is what they will be attempting.
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