74Review jurisdiction

74 Review jurisdiction

[Section 74 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  If a relevant Act confers on the Tribunal jurisdiction to deal with a matter and that matter, expressly or necessarily, involves a review of a decision (a reviewable decision), the matter is within the Tribunal’s review jurisdiction.

(2)  For the purposes of this Act –

(a) unless paragraph (b) applies, the decision-maker for a reviewable decision is the person or body that made or is taken to have made the reviewable decision; and

(b) the Tribunal rules may provide –

(i) that the decision-maker for a reviewable decision, instead of being the person or body under paragraph (a) , is to be a person or body that is designated by the Tribunal rules to be a suitable entity to act as the decision-maker for the purposes of this Act or specified provisions of this Act; or

(ii) that a reference to the decision-maker for a reviewable decision in this Act, or specified provisions of this Act, will be taken to include a reference to a person or body that is designated by the Tribunal rules to be a suitable entity to act jointly with the person or body under paragraph (a) for the purposes of this Act (or specified provisions of this Act) –

and Tribunal rules made under this paragraph are to then have effect in accordance with their terms.

(3)  If, under a relevant Act, a person’s failure or omission to do something is reviewable under this Act as a decision –

(a) this Act applies as if that person had made that decision; and

(b) any provision of the relevant Act as to when the decision is taken to have been made has effect.

(4)  For the purposes of this Act, a matter in relation to which jurisdiction is conferred on the Tribunal under Division 2 of Part 3 of Chapter 3 of the Mental Health Act 2013 is not to be taken to be a matter that involves a reviewable decision.