Rights of Review under the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995

The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 provide an opportunity to request a reconsideration of any of the following decisions made by the Australian Refrigeration Council as a Refrigeration and Air Conditioning Industry Board:

• a refusal of an application for a refrigeration and air conditioning industry permit
• a decision about the period for which a permit is in force
• a decision imposing a condition on a permit.

If you are dissatisfied with a decision, you must first apply to the Australian Refrigeration Council for internal reconsideration of the decision. Then, if you are dissatisfied with the internal reconsideration decision, you may make an application for review of that decision to the Administrative Appeals Tribunal (AAT).

How do I lodge a request for reconsideration?

An application for reconsideration must be made within 21 days of the day on which you received notice of the decision. It must also set out the reasons why you would like the decision reconsidered.

There is no fee to apply to the Australian Refrigeration Council to request a reconsideration.

Further information or enquiries relating to the decision, including reconsideration, should be directed to

Postal address:

ARC Chief Executive Officer
Australian Refrigeration Council
Locked Bag 3033
Box Hill VIC 3128

Email:

enquire@arctick.org

Telephone:

1300 884 483

What happens after a request for reconsideration has been lodged?

The Australian Refrigeration Council may confirm, vary or reverse the decision within 60 days after the day the Australian Refrigeration Council received the application.

Administrative Appeals Tribunal  

If you are dissatisfied with the internal reconsideration, you may then make an application for review of that decision to the Administrative Appeals Tribunal (AAT).

Application for review of the internal reconsideration decision must be made within 28 days after the day on which you have received the internal review decision. However, an extension of time for lodging an application may be granted by the AAT under certain circumstances. Please visit the AAT’s website at www.aat.gov.au or telephone 1800 228 333 for further information. The role of the AAT is to provide a review mechanism that is fair, just, economical, informal and quick.

Applications & costs

Applications to the AAT are made by lodging an Application Form. This can be found on the AAT’s website www.aat.gov.au.

There are no strict timelines in which the AAT must review the decision, however the first Conference between the parties will usually be held within 6-10 weeks of the Application being lodged. The time frame for review of certain decisions can be expedited in some circumstances.

The cost of lodging an application for review is $1,011 (GST inclusive). This fee may have changed, please check the AAT’s website for the current fee.

You may be eligible to pay a reduced fee of $100.00 if: 

• you are receiving legal aid for your application;
• you hold a health care card, a Commonwealth seniors health card or any other card issued by the Department of Social Services or the Department of Veterans’ Affairs that entitles the holder to Commonwealth health concessions;
• you are in prison or lawfully detained in a public institution;
• you are under 18 years of age; or
• you are receiving youth allowance, Austudy or ABSTUDY.

You may also be eligible for a reduced fee if you can demonstrate to the AAT that paying the full fee would cause you financial hardship. Further information can be found on the AAT’s website.

Contact details

You may contact the AAT at their Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your Capital City or Territory. The Principal Registry’s contact details are:

Street address:

Level 6, 83 Clarence Street, Sydney
Mailing address: GPO Box 9955, Sydney, NSW 2001

Telephone:

1800 228 333

Fax:

(02) 9276 5599

Email:

generalreviews@aat.gov.au

Web:

www.aat.gov.au

Freedom of Information Request

You may make an application under the Freedom of Information Act 1982 (FOI Act) to access documents. Further information can be found at https://www.dcceew.gov.au/about/reporting/freedom-of-information/request

Please contact the Freedom of Information Contact Officer at FOI@dcceew.gov.au for more information.