Section 59: Withdrawal of review request
166.In accordance with this section, an applicant who has requested a review of a decision can withdraw that request in writing at any time before the review is determined. In relation to “writing”, see paragraph 60 of these Notes. While no further request for review can be made on the same basis as the original application for review, the applicant may submit another application for review in respect of a different aspect of the original decision (subsection (5)). For example, if a decision is made to offer a particular level of individually assessed redress payment, with a particular level of deduction for a relevant payment taken into account, that decision can be subject to review. If a review of the level of deduction is made and then withdrawn, it cannot be resubmitted. However, a subsequent request may be made in respect of the level of individually assessed redress payment offered.
167.If a request for review is withdrawn, the original decision remains in place, including the original offer of a redress payment (if one was made). The period that the offer is open, originally valid for the six month period (or such other period as the panel specified), will be extended by the number of days from the request of the review to its withdrawal (subsection (7)). In addition, it would be open to the original panel to extend the period further under section 49(3)(b) if there were a good reason to do so.
