CTHRepealedAct
Employment Services Act 1994
156Social Security Appeals Tribunal review powers
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#### 156 Social Security Appeals Tribunal review powers
Powers of Social Security Appeals Tribunal
(1) If a person applies to the Social Security Appeals Tribunal under subsection 153(1) for review of a decision (other than a decision referred to in subsection (4) of this section), the Social Security Appeals Tribunal must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and:
(i) substitute a new decision; or
(ii) send the matter back to the Employment Secretary for reconsideration in accordance with any directions or recommendations of the Social Security Appeals Tribunal.
Tribunal may exercise Employment Secretary’s powers
(2) The Social Security Appeals Tribunal may, for the purposes of reviewing a decision, exercise all the powers and discretions that are conferred by this Act on the CES or on the Employment Secretary.
Event taken to have occurred
(3) If:
(a) the Social Security Appeals Tribunal sets a decision aside under subsection (1); and
(b) the Employment Secretary, or the Social Security Appeals Tribunal, is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Employment Secretary or the Social Security Appeals Tribunal, as the case requires, may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of this Act.
Application
(4) This section does not apply to a decision under section 39 to the extent to which it relates to the terms of a Case Management Activity Agreement that is in force.