85Review of decisions following application under section 83

85 Review of decisions following application under section 83

(1) If a person applies under section 83 for review of a decision, the reviewer must: (a) review the decision; and (b) do one of the following: (i) affirm the decision; (ii) vary the decision; (iii) set the decision aside and substitute a new decision.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires notice of a decision and review rights to be given to persons whose interests are affected by the decision. Section 80 of this Act requires reasons for the decision to be included.

(2) The reviewer’s decision (the decision on review) to affirm, vary or set aside the decision takes effect: (a) on the day specified in the decision on review; or (b) if a day is not specified—on the day on which the decision on review was made. (3) The reviewer is taken, for the purposes of this Part, to have affirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person’s application.