sec.140Effect of decision to reopen

sec.140 Effect of decision to reopen

If, under section 139 , the tribunal decides a proceeding should be reopened, the tribunal must decide the issues in the proceeding that must be heard and decided again. The issues must be heard and decided by way of a fresh hearing on the merits, and subsection (1) does not prevent the tribunal from hearing and deciding other related issues in the proceeding. The hearing and deciding of the issues and any related issues are taken to be a part of the original proceeding. The tribunal may— confirm or amend the tribunal’s previous final decision in the proceeding; or set aside the tribunal’s previous final decision in the proceeding and substitute a new decision. For this Act or an enabling Act, the decision of the tribunal as confirmed, amended or substituted under subsection (4) is the tribunal’s final decision in the proceeding. The proceeding can not be reopened again under this division. (sec.140-ssec.1) If, under section 139 , the tribunal decides a proceeding should be reopened, the tribunal must decide the issues in the proceeding that must be heard and decided again. (sec.140-ssec.2) The issues must be heard and decided by way of a fresh hearing on the merits, and subsection (1) does not prevent the tribunal from hearing and deciding other related issues in the proceeding. (sec.140-ssec.3) The hearing and deciding of the issues and any related issues are taken to be a part of the original proceeding. (sec.140-ssec.4) The tribunal may— confirm or amend the tribunal’s previous final decision in the proceeding; or set aside the tribunal’s previous final decision in the proceeding and substitute a new decision. (sec.140-ssec.5) For this Act or an enabling Act, the decision of the tribunal as confirmed, amended or substituted under subsection (4) is the tribunal’s final decision in the proceeding. (sec.140-ssec.6) The proceeding can not be reopened again under this division.

• (a) confirm or amend the tribunal’s previous final decision in the proceeding; or
• (b) set aside the tribunal’s previous final decision in the proceeding and substitute a new decision.