303Secretary may review decisions

303 Secretary may review decisions

Decisions that Secretary may review (1) The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision. Decisions that are not reviewed (2) Subsection (1) does not apply to a decision of the Secretary that relates to the Secretary’s powers under section 327 to settle proceedings before the ART. (2A) Subsection (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP. Applications to ART (3) The Secretary may review a decision even if an application has been made to the ART for a review in relation to the decision. Secretary may affirm, vary or substitute (4) The Secretary may: (a) affirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision. Notice to ART Principal Registrar (6) If the Secretary makes a decision under subsection (4) after a person has applied to the ART for a review in relation to the decision, the Secretary must give written notice of the Secretary’s decision to the ART Principal Registrar. Event taken to have occurred (7) If: (a) the Secretary sets a decision aside under subsection (4); and (b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made; the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.