sec.92Appeal

sec.92 Appeal

A person aggrieved by a reconsidered decision may appeal to an industrial magistrate. The appeal must be started within 28 days after— if an information notice about the reconsidered decision is given to the person—the day the information notice is given; or otherwise—the day the authority is, under section 91 (8) or (9) , taken to have refused the application for reconsideration. In deciding an appeal, the industrial magistrate may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the authority with directions the industrial magistrate considers appropriate. Without limiting the industrial magistrate’s powers under the Industrial Relations Act 2016 , in deciding the appeal 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 the authority’s decision, except that it is not an original decision or a reconsidered decision. The industrial magistrate may make an order about costs the magistrate considers just. s 92 amd 2016 No. 63 s 1157 sch 6 (sec.92-ssec.1) A person aggrieved by a reconsidered decision may appeal to an industrial magistrate. (sec.92-ssec.2) The appeal must be started within 28 days after— if an information notice about the reconsidered decision is given to the person—the day the information notice is given; or otherwise—the day the authority is, under section 91 (8) or (9) , taken to have refused the application for reconsideration. (sec.92-ssec.3) In deciding an appeal, the industrial magistrate may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the authority with directions the industrial magistrate considers appropriate. (sec.92-ssec.4) Without limiting the industrial magistrate’s powers under the Industrial Relations Act 2016 , in deciding the appeal the industrial magistrate has the same powers as the authority. (sec.92-ssec.5) If the industrial magistrate substitutes another decision, the substituted decision is taken, for this Act, to be the authority’s decision, except that it is not an original decision or a reconsidered decision. (sec.92-ssec.6) The industrial magistrate may make an order about costs the magistrate considers just.

• (a) if an information notice about the reconsidered decision is given to the person—the day the information notice is given; or
• (b) otherwise—the day the authority is, under section 91 (8) or (9) , taken to have refused the application for reconsideration.
• (a) confirm the decision appealed against; or
• (b) set aside the decision and substitute another decision; or
• (c) set aside the decision and return the matter to the authority with directions the industrial magistrate considers appropriate.