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Motor Accident Insurance Act 1994
sec.87SIEffect of court’s decision on appeal
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### sec.87SI Effect of court’s decision on appeal
If the court substitutes another decision for the internal review decision—
the substituted decision is taken to be a decision of the decision-maker; and
the commission may give effect to the decision as if—
the decision were the original decision of the decision-maker; and
no application for review or appeal of the original decision had been made.
If the court sets aside the internal review decision and returns the matter to the original decision-maker with directions, any decision made by the decision-maker in accordance with the directions may not be reviewed or appealed against under this part.
In this section—
decision-maker , of an original decision, means—
for an original decision mentioned in section 87RJ —an authorised person; or
otherwise—the commission.
s 87SI ins 2019 No. 36 s 19
(sec.87SI-ssec.1) If the court substitutes another decision for the internal review decision— the substituted decision is taken to be a decision of the decision-maker; and the commission may give effect to the decision as if— the decision were the original decision of the decision-maker; and no application for review or appeal of the original decision had been made.
(sec.87SI-ssec.2) If the court sets aside the internal review decision and returns the matter to the original decision-maker with directions, any decision made by the decision-maker in accordance with the directions may not be reviewed or appealed against under this part.
(sec.87SI-ssec.3) In this section— decision-maker , of an original decision, means— for an original decision mentioned in section 87RJ —an authorised person; or otherwise—the commission.
- (a) the substituted decision is taken to be a decision of the decision-maker; and
- (b) the commission may give effect to the decision as if— (i) the decision were the original decision of the decision-maker; and (ii) no application for review or appeal of the original decision had been made.
- (i) the decision were the original decision of the decision-maker; and
- (ii) no application for review or appeal of the original decision had been made.
- (i) the decision were the original decision of the decision-maker; and
- (ii) no application for review or appeal of the original decision had been made.
- (a) for an original decision mentioned in section 87RJ —an authorised person; or
- (b) otherwise—the commission.