9Additional power to set aside or vary decision determining proceedings—the Act, s 90(2)(a)

#### 9 Additional power to set aside or vary decision determining proceedings—the Act, s 90(2)(a) 9 Additional power to set aside or vary decision determining proceedings—the Act, s 90(2)(a) > > (1) In addition to a power that is expressly conferred on the Tribunal by the Act or enabling legislation to set aside or vary its decisions, the Tribunal may order that a decision it has made that determines proceedings be set aside or varied if— > > > > > (a) all of the parties to the proceedings have consented to the making of the order to set aside or vary the decision, or > > > > > (b) the decision was made in the absence of a party and the Tribunal is satisfied that the party’s absence has resulted in the party’s case not being adequately put to the Tribunal. > > > > Example— > > > > The Act, sections 45(3), 53(4), 63, 64(3) and 73(3) expressly confer powers to set aside or vary decisions of the Tribunal. > > > (2) The Tribunal may make an order under this section of its own motion or on the application of a party. > > > (3) Unless the Tribunal grants an extension under the Act, section 41, an application for an order under this section must be made within 7 days after the decision concerned was made. > > > (4) Except where the parties have consented to the making of the order, the Tribunal may not make an order under this section unless the Tribunal has— > > > > > (a) given the parties an opportunity to make submissions about the proposed order, and > > > > > (b) taken any submissions into account. > > > (5) A party may not make an application for an order under this section to set aside or vary a decision of the Tribunal if— > > > > > (a) an internal appeal or appeal to a court against the decision has been lodged or determined, or > > > > > (b) an application for a judicial review of the decision has been made or determined. > > > (6) A party may not, without the leave of the Tribunal, make an application for an order under this section to set aside or vary a decision of the Tribunal if the party has previously made an application under this section to have the decision set aside or varied. > > > (7) If the Tribunal sets aside a decision under this section, it may also set aside orders that it made consequent on the decision that has been set aside. > > > > Example— > > > > An order for costs in the proceedings is a consequential order. > > > (8) Proceedings for this section are prescribed for the Act, section 50(1)(d). > > > > Note— > > > > A hearing is not required for proceedings that are prescribed for the Act, section 50(1)(d). > > > (9) This section does not limit a power of the Tribunal to set aside, revoke or vary its interlocutory decisions or other decisions that do not operate to determine proceedings.