sec.94Who may appeal

sec.94 Who may appeal

A person may appeal a reviewed decision, or a deemed refusal under section 93 (2) or (3) , to an industrial magistrate. The appeal must be started within 28 days after— if an information notice for the reviewed decision is given to the person—the day the information notice is given; or otherwise—the day the authority is, under section 93 (2) or (3) , taken to have refused the application for internal review. In deciding an appeal, the industrial magistrate may— confirm the decision or refusal appealed against; or set aside the decision or refusal and substitute another decision; or set aside the decision or refusal and return the matter to the authority with directions the magistrate considers appropriate. Without limiting the industrial magistrate’s powers under the Industrial Relations Act 2016 , the industrial magistrate has the same powers as the authority. If the industrial magistrate substitutes another decision, the substituted decision is taken, for this Act, to be a decision of the authority, except that it is not an original decision or a reviewed decision. The industrial magistrate may make an order about costs the magistrate considers just. (sec.94-ssec.1) A person may appeal a reviewed decision, or a deemed refusal under section 93 (2) or (3) , to an industrial magistrate. (sec.94-ssec.2) The appeal must be started within 28 days after— if an information notice for the reviewed decision is given to the person—the day the information notice is given; or otherwise—the day the authority is, under section 93 (2) or (3) , taken to have refused the application for internal review. (sec.94-ssec.3) In deciding an appeal, the industrial magistrate may— confirm the decision or refusal appealed against; or set aside the decision or refusal and substitute another decision; or set aside the decision or refusal and return the matter to the authority with directions the magistrate considers appropriate. (sec.94-ssec.4) Without limiting the industrial magistrate’s powers under the Industrial Relations Act 2016 , the industrial magistrate has the same powers as the authority. (sec.94-ssec.5) If the industrial magistrate substitutes another decision, the substituted decision is taken, for this Act, to be a decision of the authority, except that it is not an original decision or a reviewed decision. (sec.94-ssec.6) The industrial magistrate may make an order about costs the magistrate considers just.

• (a) if an information notice for the reviewed decision is given to the person—the day the information notice is given; or
• (b) otherwise—the day the authority is, under section 93 (2) or (3) , taken to have refused the application for internal review.
• (a) confirm the decision or refusal appealed against; or
• (b) set aside the decision or refusal and substitute another decision; or