CTHRepealedAct
Employment Services Act 1994
150Employment Secretary’s powers where application for review is made
Start here
Get a plain-English read of 150
Turn the raw legal text into a practical explanation grounded in Employment Services Act 1994.
#### 150 Employment Secretary’s powers where application for review is made
Employment Secretary may affirm, vary or substitute
(1) If an application for review of a decision is made under subsection 148(1), the Employment Secretary or an authorised review officer must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
Notice to applicant
(2) If a person makes a decision under subsection (1), the person must give the applicant written notice of the decision.
> Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this subsection.
Event deemed to have occurred
(3) If:
(a) a person sets a decision aside under subsection (1); and
(b) the Employment Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Employment Secretary may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of this Act.