Internal Review of an Asbestos Contamination Report Validity Period Decision

The owners of an affected property who disagree with a licensed asbestos assessor’s determination on the validity period may apply to WorkSafe ACT to have the decision reviewed.

An application for internal review must be lodged in writing by completing an Application for Internal Review of Asbestos Management Plan Validity Period Decision.

Lodgement timeframe

An application must be  lodged by the owner within 28 days of the receiving the licensed asbestos  assessor's determination on the validity period for an ACR.

Under some  circumstances, the Work Health and Safety Commissioner may permit lodgement  outside these timeframes. The reviewer will consider several factors including  the reason for the late lodgement and the views of the asbestos assessor at the  time of drafting the ACR.

The original decision  of the assessor will remain in place while the application for review is being  undertaken.

Internal reviewer

On receipt of your  application, the Work Health and Safety Commissioner will arrange for an  internal reviewer to assess the merits of your application. The internal  reviewer will provide you with written reasons for their  decision within 5 working days of receiving your complete application.

The internal reviewer's aim is to be consistent in their approach. They will follow best  practice in decision making to ensure that their decision is correct in law and  that the facts are established based on evidence. All decisions must provide  for natural justice (or procedural fairness) to all the parties and deal with any real or perceived conflict of interest or bias. The internal reviewers must  act independently and exercise their own judgement while having regard to the legislation, WorkSafe ACT's policies and procedures and where relevant, accepted technical standards or guidance material.

The time frame for the  review will not start until the completed application and associated information is received. You can withdraw your application at any time before a  decision is made by an internal reviewer.

External review

If you are not  satisfied with the decision made by the internal reviewer, you may apply to the ACT Civil and Administrative Tribunal for a review of the decision. The ACT Civil and Administrative Tribunal has information and advice on the criteria and process for applying for an  external review.

Further information

Visit the Loose Fill Asbestos Coordination team website for more information.

If you wish to discuss  your individual circumstances, please forward us an e-mail to worksafe@worksafe.act.gov.au outlining  your particulars, along with a contact person, and we will be in touch as soon  as possible.