157Decisions on internal review

157 Decisions on internal review

(1) Following receipt of an application under section 153, the Commission on review must make a fresh decision—

(a) that affirms or varies the reviewable decision; or

(b) that sets aside the reviewable decision and substitutes another decision that the Commission on review considers appropriate.

Note to s. 157(1) repealed by 26/2022 s. 21.

(2) Without limiting subsection (1), the Commission on review must consider all the information, material and evidence before the original decision maker.

(3) In addition, without limiting subsection (1), the Commission on review—

(a) may request persons it has notified under section 154 to provide it with further information and material or require them to give further evidence for the purpose of making its decision; and

S. 157(3)(b) amended by No. 49/2021 s. 50(a).

(b) may, consider that information, material or evidence as part of making its decision; and

S. 157(3)(c) inserted by No. 49/2021 s. 50(b).

(c) may require attendance at a compulsory conference under Division 2A.

(4) The Commission must, as soon as practicable after a decision is made under subsection (1), give a written notice to the applicant setting out—

(a) the reasons for the decision of the Commission on review under subsection (1); and

(b) the findings on material questions of fact that led to the decision, referring to the evidence or other information or material on which those findings were based.

(5) The Commission on review may, in its discretion, exclude personal and confidential information from the reasons for the decision if the Commission considers it appropriate in the circumstances.

S. 158 substituted by No. 58/2011 s. 62.