This page is an educational summary for professionals working with AI. It is not the law and not legal advice. Always work from the current authoritative text linked below.
What does section 62 do?
Section 62 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) governs reconsideration of determinations. Subsection 62(1) lets a determining authority reconsider on its own motion. Subsection 62(2) lets the claimant, the Commonwealth or an affected Commonwealth authority request reconsideration. The outcome under subsection 62(5) affirms, revokes or varies the determination. Read the current compilation on the Federal Register of Legislation.
Who does it bind?
Determining authorities: Comcare and licensees. Subsection 62(2A) preserves licence conditions requiring reconsideration by another person, and subsection 62(6) requires a claimant's request to be decided within the period prescribed by the regulations.
What do practitioners get wrong?
Running the 30 days from the determination date. Subsection 62(3) starts the clock when the determination first came to the notice of the person making the request, and the authority may allow a further period before or after expiry. The second slip is misplacing the independence rule: paragraph 62(1)(b) and subsection 62(4) require the reconsidering delegate to be a person who did not make, and was not involved in making, the determination.
Where does AI use touch it?
AI can map the issues a reconsideration request raises, but the section 62 decision is made by the not-involved human decision maker. See the reconsideration request issue map and complaint and reconsideration routing under the SRC Act.
Bottom line
Section 62 is the gateway to review: own-motion or requested reconsideration, a 30-day window running from notice, an independent reconsiderer, and a decision that affirms, revokes or varies the determination.
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