28EReferral to Tribunal – claimant's request

28E Referral to Tribunal – claimant's request (1) This section applies if: (a) a claimant is aggrieved by a review decision; or (b) the designated person does not make a review decision on a claimant's request for a review of the original decision within the period provided under section 28B. (2) The claimant may refer the matter to the Tribunal by giving written notice to the Tribunal in the approved form. (3) The notice must be given within 28 days after: (a) if subsection (1)(a) applies: (i) receipt of notice of the review decision given under section 28C; or (ii) if notice of the review decision is not so given – the claimant becomes aware of the decision; or (b) if subsection (1)(b) applies – the end of the period provided under section 28B. 29 Hearing of referral (1) On referral of a matter, the Tribunal must conduct a hearing into the matter in the way it considers appropriate. (2) In conducting a hearing, the Tribunal must: (a) consider the matter afresh; and (b) is not bound by anything considered in making the original or review decision to which the hearing relates (the referred decision). (3) Without limiting subsection (2), the Tribunal may: (a) take evidence that was not considered in making the referred decision; and (b) refuse to take evidence that was considered in making the referred decision. (4) In deciding the referral, the Tribunal must: (a) confirm the referred decision; or

Part 6 Reviews and referrals to Tribunal Division 4 Miscellaneous matters Motor Accidents (Compensation) Act 1979 37 (b) vary the referred decision; or (c) revoke the referred decision and substitute another decision for it. (5) The Tribunal may make the orders it considers appropriate to give effect to its decision and the orders as to costs it considers just. (6) In making an order about costs, the Tribunal: (a) must take into account the efforts of the parties made to reach an agreement on the claimant's claim for a benefit; and (b) may include as costs the reasonable costs of a party incurred in relation to the efforts. (7) A decision under subsection (4)(b) or (c) is, for this Act (other than this Part), taken to be the decision of the Commission. Division 4 Miscellaneous matters