Health Ombudsman Act 2013
sec.244Effect of decision of court on appeal
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sec.244 Effect of decision of court on appeal
If the Magistrates Court acts to set aside the review decision and return the matter to the health ombudsman with directions the court considers appropriate, and the health ombudsman makes a new decision, the new decision is not subject to review or appeal under this division. If the court substitutes another decision, the substituted decision is taken to be the decision of the health ombudsman, and the health ombudsman must give effect to the decision as if the decision was the original decision of the health ombudsman and no application for a review or appeal had been made. (sec.244-ssec.1) If the Magistrates Court acts to set aside the review decision and return the matter to the health ombudsman with directions the court considers appropriate, and the health ombudsman makes a new decision, the new decision is not subject to review or appeal under this division. (sec.244-ssec.2) If the court substitutes another decision, the substituted decision is taken to be the decision of the health ombudsman, and the health ombudsman must give effect to the decision as if the decision was the original decision of the health ombudsman and no application for a review or appeal had been made.