10Consideration of applications

10 Consideration of applications

(1)  The Commission must consider each application that is made to it in accordance with these regulations and, in doing so –

(a) must observe the rules of natural justice; and

(b) must ensure that any employee engaged in the review process –

(i) was not involved in the making of the administrative decision under review; and

(ii) is not under the direct control of a person who was involved in the making of the administrative decision under review; and

(c) may engage an independent mediator to assist in the review process; and

(d) may consult with representatives of, or organisations in, a sector of the taxi industry or luxury hire car industry if –

(i) the administrative decision under review relates to matters that are of general importance to that sector; and

(ii) it is possible to do so without prejudice to the applicant.

(2)  If an application is found to be frivolous or vexatious, the Commission must give the applicant immediate notice of that finding but the Commission is not required to take any further action on the application.

(3)  If subregulation (2) does not apply in relation to an application in respect of an administrative decision, the Commission must make a determination to –

(a) affirm the administrative decision; or

(b) vary the administrative decision if the decision is able to be varied and the variation is appropriate in the circumstances; or

(c) set aside the administrative decision.

(4)  If subregulation (3)(b) applies in relation to an application in respect of an administrative decision, the administrative decision as varied forms part of the determination in relation to the application for the purposes of these regulations.

(5)  If an administrative decision in relation to an application is set aside under  –