150Employment Secretary’s powers where application for review is made

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.