Internal Appeals

The Minister may be requested to review any of the following decisions:

• Grant, or refuse to grant a prohibition certificate; or
• Grant, or refuse to grant an exemption certificate.
• Accredit or reaccredit, or refuse to accredit or reaccredit, a mediator; or
• Suspend or cancel the accreditation of a mediator.

To request a review, Form 9 must be lodged with the Minister within 20 business days (or later if the Minister allows) after being notified of the decision.

The decision will be reviewed within 30 business days of receiving the application.

A decision made after 30 days is valid and the reviewer may decide to confirm, amend or substitute another decision.

It is recommended that farmers contact their local Rural Financial Counsellor, accountant and/or solicitor for advice or further information if they want to apply for an internal review of a decision of the Commissioner under the Farm Debt Mediation Act 2024.

Effect of application for internal review on decisions

Review of a decision to grant an exemption certificate

If a request for review is lodged, the creditor must not undertake any enforcement action on the farm mortgage until the applicant has been notified of the review’s outcome.

Review of a decision to refuse to grant a prohibition certificate

If a request for review is lodged, the creditor must not take enforcement action in respect of the farm mortgage concerned until the creditor is notified of the reviewer’s decision.

An application for internal review of any of the following decisions does not work to stay the decision*:

• a decision to grant a prohibition certificate,
• a decision to refuse an exemption certificate,
• a decision to accredit or reaccredit, or to refuse to accredit or reaccredit, a person as a mediator,
• a decision to suspend or cancel the accreditation of a mediator.

*Temporarily suspend the enforcement of a decision

Notice of reconsidered decisions

The reviewer will notify the applicant and/or their authorised representative of the review decision and will provide a statement of reasons for the decision.

If the review related to a decision about the grant or refusal of an exemption certificate or prohibition certificate, notice of the reviewer’s decision will also be given to the farmer, creditor and/or guarantor, and to the FDM Minister responsible for the program.