If requested, we can review statutory decisions made by our staff. This review process aims to test the merits of a decision. It will either affirm, revoke or change the decision.
Our internal decision review is a new process that involves:
- a review of relevant facts, law and policy
- deciding the correct and, where appropriate, preferable decision.
You can seek a review of certain statutory decisions before going to the Administrative Appeals Tribunal under the:
- Australian National Registry of Emissions Units Act 2011
- Carbon Credits (Carbon Farming Initiative) Act 2011
- Renewable Energy (Electricity) Act 2000 (REE Act)
- associated regulations.
There is no statutory requirement to seek an internal review under the National Greenhouse and Energy Reporting Act 2007 and associated regulations.
We're committed to transparent decision-making. We also aim to provide a fair and objective internal decision review process.
How to request an internal review of a decision
You can request an internal review of a decision if:
- you've received a decision letter from us
- you're not satisfied with the outcome of a decision
- the decision is reviewable as specified in the relevant legislation.
You can either request the review yourself or use a representative.
Timeframes
You must request a review within 60 days of the original decision under the REE Act and regulations. All other reviews must be requested within 28 days.
Request an extension
If you haven't lodged the request within the timeframe, you can ask us for an extension to apply for an internal decision review. Write to us and include why you haven't submitted the request and any related circumstances.
We only provide extensions under exceptional circumstances. Five factors influence whether we'll grant an extension:
- length of the delay
- reason for the delay
- circumstances of the delay
- if there's any prejudice to us or other parties because of the delay
- if there's an arguable case for the internal review.
You can ask the Administrative Appeals Tribunal to review our decision if we deny the extension.
You'll need the following:
- a copy of the original decision letter
- any supporting documentation you want to include.
Complete and send the application form to us via email or post.
Write to us at:
Internal Decision Review
Clean Energy Regulator
GPO Box 621
Canberra ACT 2601
We conduct a thorough analysis of the submitted form. We may ask you for more information during this time.
Once complete, we'll send you a Notice of Intention to Make a Decision with our initial findings. You have 14 days to respond to the notice. We'll consider your response in our decision.
A different officer from the Clean Energy Regulator will review the original decision in an impartial manner.
We'll let you know the outcome via letter or email.
For reviews under the REE Act and regulations, we'll make a decision within 60 days. For all other reviews, we'll make a decision within 90 days.
If you haven't heard from us within these timeframes, we have affirmed the original decision.
If you're not happy with the outcome, you can ask the Administrative Appeals Tribunal to review it.
If you're unsure whether you have the right to an internal review, contact us.