51Reconsideration

1. A person (who may be an aided person or an applicant for legal aid) who is aggrieved by a decision of the Commissioner that affects that person, may apply in the prescribed manner to the Commissioner for a reconsideration of the decision.

2. A lead provider whose claim has been declined under section 99(5) may apply in the prescribed manner to the Commissioner for a reconsideration of the decision to decline the claim.

3. An application must, subject to subsection (3), be made within 20 working days after the date on which notice of the relevant decision is given to the person.

4. The Commissioner may accept a late application no later than 3 months after the date on which notice of the relevant decision was given to the person if the Commissioner is satisfied that exceptional circumstances prevented the application from being made within 20 working days after the date on which notice was given.

5. A failure by the Commissioner to advise a person of his or her right to seek a reconsideration does not of itself establish exceptional circumstances for the purposes of subsection (3).

6. The Commissioner must delegate the responsibility for reconsidering the decision to a person other than the one who made the original decision.

7. The Commissioner may decline to reconsider a decision if the Commissioner has already reconsidered that decision or a decision relating to substantially the same issue.

8. A person must not, other than under section 52(3), apply for a review of a decision of the Commissioner unless the person has first sought and obtained a reconsideration of that decision under this section.