51Determination of a review

51 Determination of a review

(1)  [Section 51 Subsection (1) substituted by No. 42 of 2012, s. 25, Applied:04 Feb 2013] Subject to subsection (1A) , the procedure for a review under section 50(1) is to be determined by the President of the Tasmanian Industrial Commission.

(1A)  [Section 51 Subsection (1A) inserted by No. 42 of 2012, s. 25, Applied:04 Feb 2013] Timeframes for an employee to apply for a review under section 50(1) are as prescribed by the regulations.

(2)  [Section 51 Subsection (2) amended by No. 42 of 2012, s. 25, Applied:04 Feb 2013] [Section 51 Subsection (2) amended by No. 42 of 2012, s. 25, Applied:04 Feb 2013] The procedure determined by the President of the Tasmanian Industrial Commission may provide for an internal review to be conducted within the Agency in which the State Service action was taken before the conduct of the review by the Tasmanian Industrial Commission.

(3)  The procedure referred to in subsection (1)  –

(a) is to afford procedural fairness; and

(b) may be different for different categories of employees; and

(c) may vary according to the circumstances in which the State Service action occurred.

(4)  [Section 51 Subsection (4) amended by No. 42 of 2012, s. 25, Applied:04 Feb 2013] Before the determination of the application for a review, the Tasmanian Industrial Commission may direct the Head of Agency to take such action relating to the subject matter of the review as the Tasmanian Industrial Commission considers to be appropriate.

(5)  [Section 51 Subsection (5) amended by No. 42 of 2012, s. 25, Applied:04 Feb 2013] If the Tasmanian Industrial Commission is of the opinion that an application for a review is frivolous or vexatious, the Tasmanian Industrial Commission may refuse to undertake the review and dismiss the application.