75Nature of proceedings in review jurisdiction

75 Nature of proceedings in review jurisdiction

[Section 75 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  The purpose of a review of a reviewable decision is to produce the correct or preferable decision.

(2)  [Section 75 Subsection (2) substituted by No. 7 of 2025, s. 241, Applied:01 Jul 2025] Subject to subsection (6) , if an application for review is made to the Tribunal in respect of one of the following reviewable decisions, the review by the Tribunal of the reviewable decision is to be by way of a hearing de novo of the matter to which the reviewable decision relates:

(a) a reviewable decision under an Act, including any regulations or instruments made under such an Act, that is an Act in relation to which the functions and powers of the Tribunal are allocated under clause 3 of Part 8 of Schedule 2 to the Resource and Planning stream;

(b) a reviewable decision under an Act or a provision of an Act, including any regulations or instruments made under such an Act, that is specified in Schedule 4 .

(3)  Subject to subsections (4), (5), (6) and (7) and the provisions of a relevant Act, if a reviewable decision, to which an application for review made to the Tribunal relates, is a decision in relation to an Act, or regulations or an instrument made under an Act, that is not an Act to which subsection (2) applies, the review by the Tribunal of the reviewable decision is to be by way of a rehearing of the matter to which the reviewable decision relates.

(4)  On a rehearing, the Tribunal may have regard to, and give appropriate weight to, the decision of the original decision-maker.

(5)  Proceedings on a rehearing may 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.