Part 3Exercise of jurisdiction

Part 3—Exercise of jurisdiction Division 1—Review jurisdiction 26J—Application of Division (1) This Division applies if— (a) the Tribunal is dealing with a matter that involves the review of a decision made under an Act (including in a case that constitutes an appeal under a relevant Act); or (b) a relevant Act provides for the Tribunal to deal with a matter under this Division; or (c) the rules apply this Division to a matter within the jurisdiction of the Tribunal. (2) Subsection (1)(a) does not apply in any circumstances prescribed by the regulations. 27—General nature of proceedings (1) Subject to a relevant Act, a matter under this Division will be dealt with by the Tribunal as a review of the decision that constitutes the matter. (2) Where the review of a decision is to be undertaken, the person or body that made or is taken to have made the decision is the decision‑maker for the purposes of these provisions. (3) Subject to subsections (4), (5) and (6), the Tribunal will examine the decision of the decision‑maker by way of rehearing. (4) On a rehearing, the Tribunal must reach the correct or preferable decision but in doing so must have regard to the decision of the original decision‑maker. (5) A procedure on a rehearing will include— (a) an examination of the evidence or material before the decision‑maker (unless any such evidence or material is to be excluded under another provision of this Act or under any other law); and (b) a consideration of any further evidence or material that the Tribunal decides, in the circumstances of the particular case, to admit for the purposes of rehearing the matter. (6) In dealing with a matter under this Division, the Tribunal is to deal with the matter in accordance with this Act and any relevant Act. (7) Furthermore, a relevant Act may modify the operation of this Act in relation to a matter that comes within the exercise of the Tribunal's jurisdiction under this Division. 28—Decision‑maker must assist Tribunal (1) In proceedings for a review of a decision, the decision‑maker must use his or her best endeavours to help the Tribunal so that it can make its decision on the review. (2) Without limiting subsection (1), the decision‑maker must provide the following to the Tribunal within a reasonable period and in any event within the time prescribed by the regulations: (a) a written statement of the reasons for the decision; (b) any document or thing in the decision‑maker's possession or control that may be relevant to the Tribunal's review of the decision. (3) The decision‑maker must, in providing any document or thing under subsection (2), take reasonable steps to identify the documents or things that were taken into account in making the relevant decision. (4) If the Tribunal considers that there are additional documents or things in the decision‑maker's possession or control that may be relevant to the Tribunal's review of the reviewable decision, the Tribunal may, by written notice, require the decision‑maker to provide the documents or things. (5) If the Tribunal considers the statement of reasons given under subsection (2)(a) is not adequate, the Tribunal may, by written notice, require the decision‑maker to give the Tribunal an additional statement containing stated further particulars. (6) The decision‑maker must comply with a notice given under subsection (4) or (5) within the period stated in the notice. (7) A requirement under this section that the decision‑maker give the Tribunal information or a document or thing applies despite any provision in another Act prohibiting or restricting the disclosure of the information or the information contained in the document or thing. (8) The Tribunal may examine any document or thing provided under this section and draw any conclusions of fact it considers proper. 29—Effect of review proceedings on decision being reviewed (1) The commencement of proceedings for a review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision unless— (a) the relevant Act states otherwise; or (b) an order is made under subsection (2). (2) On or after the commencement of proceedings for a review of a decision, the Tribunal or the decision‑maker may, on application or on its own initiative, make an order staying or varying the operation or the implementation of the whole or a part of the decision pending the determination of the matter, or until such time (whether before or after the determination of the matter) as the Tribunal or the decision‑maker may specify, if the Tribunal, or the decision‑maker, is satisfied that it is just and reasonable in the circumstances to make the order. (3) An order by the Tribunal or the decision‑maker under this section— (a) is subject to such conditions as are specified in the order; and (b) may be varied or revoked— (i) in any case—by further order of the Tribunal; or (ii) if the order was made by the decision‑maker—by further order by the decision‑maker or the Tribunal. 30—Decision on review (1) The Tribunal may, on a review of a decision— (a) affirm the decision that is being reviewed; or (b) vary the decision that is being reviewed; or (c) set aside the decision being reviewed and— (i) substitute its own decision; or (ii) send the matter back to the decision‑maker for reconsideration in accordance with any directions or recommendations that the Tribunal considers appropriate, and, in any case, may make any order the Tribunal considers appropriate (including any interim order pending the reconsideration and determination of the matter by the decision‑maker, or any ancillary or consequential order, that the Tribunal considers appropriate). (2) The fact that a decision is made on reconsideration under subsection (1)(c)(ii) does not prevent the decision from being open to review by the Tribunal. (3) The decision‑maker's decision as affirmed or varied by the Tribunal or a decision that the Tribunal substitutes for the decision‑maker's decision— (a) is to be regarded as, and given effect as, a decision of the decision‑maker; and (b) unless the relevant Act states otherwise or the Tribunal orders otherwise, is to be regarded as having effect, from the time when the decision reviewed would have, or would have had, effect. (4) Without limiting subsection (3)(a), the decision‑maker has power to do anything necessary to implement the Tribunal's decision. (5) Despite subsection (3)(a), the decision as affirmed, varied or substituted is not again open to review before the Tribunal as a decision of the decision‑maker (but may be subject to appeal under this Act). 31—Tribunal may invite decision‑maker to reconsider decision (1) At any stage of proceedings for the review of a decision, the Tribunal may invite the decision‑maker to reconsider the decision. (2) On being invited by the Tribunal to reconsider the decision, the decision‑maker may— (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and substitute a new decision. (3) If the decision‑maker varies the decision or sets it aside and substitutes a new decision, unless the proceedings for a review are withdrawn, the proceedings will then be taken to be for— (a) the review of the decision as varied; or (b) the review of the substituted decision. (4) The Tribunal may specify a period within which the decision‑maker should act under this section (and if the decision‑maker does not take action within that period then the Tribunal may resume its proceedings under this Part in such manner as it thinks fit). Division 2—Application of Division 31A—Application of Division (1) This Division applies in cases where Division 1 does not apply. (2) Subject to a relevant Act, a matter under this Division will, depending on the nature of the matter, be dealt with by the Tribunal— (a) acting as the original decision-maker in the matter (and according to those principles which, according to law, are to be applied to bodies that make such decisions according to statute); or (b) resolving a dispute between the parties to the relevant proceedings (according to law and including, if appropriate, by giving a judgment, making a declaration or providing any other remedy); or (c) adopting any other course of action and providing any other relief, decision or determination that the Tribunal considers appropriate to deal with the matter. (3) In dealing with a matter under this Division, the Tribunal is to deal with the matter in accordance with this Act and any relevant Act. (4) Furthermore, a relevant Act may modify the operation of this Act in relation to a matter that comes within the exercise of the Tribunal's jurisdiction under this Division.