The person who made the original decision cannot review that decision. Reviews are conducted by a person appointed by the regulator and are quite independent of the operational area of the original decision maker.
Reviewers aim to be consistent in their approach. They will follow best practice in decision making to ensure that their decision is correct in law and the facts are established based on evidence.
All decisions must provide for natural justice (or procedural fairness) to all parties, and deal with any real or perceived conflict of interest or bias. Reviewers must act independently and exercise their own judgment while having regard to the legislation, the regulator’s policies and procedures and where relevant, accepted technical standards or guidance material.
They must provide written reasons for their decisions within a strict timeframe.