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.