78Decision on review

78 Decision on review

[Section 78 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  Subject to the provisions of a relevant Act, the Tribunal, on a review by the Tribunal of a reviewable decision, may –

(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 that the Tribunal considers appropriate.

(2)  The reference in subsection (1) to an order includes a reference to –

(a) an interim order pending the reconsideration and determination of the matter by the decision-maker; and

(b) any ancillary or consequential order –

that the Tribunal considers appropriate.

(3)  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.

(4)  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.

(5)  Without limiting subsection (4)(a) , the decision-maker has power to do anything necessary to implement the Tribunal’s decision.

(6)  Despite , the decision as affirmed, varied or substituted is not again open to review before the Tribunal as a decision of the decision-maker.