ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 1 - Applications for review of decisions  

SECTION 25   TRIBUNAL MAY REVIEW CERTAIN DECISIONS  

25(1)   Enactment may provide for applications for review of decisions.  

An enactment may provide that applications may be made to the Tribunal:


(a) for review of decisions made in the exercise of powers conferred by that enactment; or


(b) for the review of decisions made in the exercise of powers conferred, or that may be conferred, by another enactment having effect under that enactment.

25(2)  
The regulations may provide that applications may be made to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment.

25(3)  
Where an enactment makes provision in accordance with subsection (1) or (2), that enactment:


(a) shall specify the person or persons to whose decisions the provision applies;


(b) may be expressed to apply to all decisions of a person, or to a class of such decisions; and


(c) may specify conditions subject to which applications may be made.

25(3A)   Delegations, acting appointments and authorisations.  

Where an enactment makes provision in accordance with this section for the making of applications to the Tribunal for the review of decisions of a person made in the exercise of a power conferred on that person, that provision of that enactment applies also in relation to decisions made in the exercise of that power:


(a) by any person to whom that power has been delegated;


(b) in the case where the provision specifies the person by reference to his or her being the holder of a particular office or appointment - by any person for the time being acting in, or performing any of the duties of, that office or appointment; or


(c) by any other person lawfully authorized to exercise that power.

25(4)  
(Repealed by No 60 of 2015)

25(4A)   Tribunal may determine scope of review.  

The Tribunal may determine the scope of the review of a decision by limiting the questions of fact, the evidence and the issues that it considers.

25(5)   Failure of decision-maker to meet deadline.  

For the purposes of an enactment that makes provision in accordance with this section for the making of applications to the Tribunal for review of decisions, a failure by a person to do an act or thing within the period prescribed by that enactment, or by another enactment having effect under that enactment, as the period within which that person is required or permitted to do that act or thing shall be deemed to constitute the making of a decision by that person at the expiration of that period not to do that act or thing.

25(5A)  
For the purposes of regulations that make provision in accordance with this section for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment, a failure by a person to do an act or thing within the period prescribed by:


(a) that Norfolk Island enactment; or


(b) another Norfolk Island enactment having effect under that Norfolk Island enactment;

as the period within which that person is required or permitted to do that act or thing is taken to constitute the making of a decision by that person at the end of that period not to do that act or thing.

25(6)   Enactment may add to, exclude or modify operation of certain provisions.  

If an enactment provides for applications to the Tribunal:


(a) that enactment may also include provisions adding to, excluding or modifying the operation of any of the provisions of sections 27 , 29 , 29AB , 29AC , 32 , 33 and 35 or of subsection 41(1) or 43(1) or (2) in relation to such applications; and


(b) those sections and subsections have effect subject to any provisions so included.

25(6A)  
(Repealed by No 38 of 2005)

25(7)   What happens if decision-maker ceases to hold office etc.  

Where:


(a) a person has made a decision in respect of which an application may be made to the Tribunal;


(b) the person made the decision by reason that he or she held or performed the duties of an office or appointment; and


(c) the person no longer holds or performs the duties of the office or appointment;

this Act has effect as if the decision had been made by:


(d) the person for the time being holding or performing the duties of that office or appointment; or


(e) if there is no person for the time being holding or performing the duties of that office or appointment or the office no longer exists - such person as the President or an authorised member specifies.

Norfolk Island enactment

25(8)  


If the regulations make provision in accordance with subsection (2) for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment (the primary Norfolk Island enactment ), this Act, other than:


(a) the definition of authority of the Commonwealth in subsection 3(1) ; and


(b) subsections (1), (5) and (6) of this section; and


(c) paragraph 19B(1)(a) ; and


(d) subsection 27(1) ; and


(e) paragraph 27A(2)(b) ; and


(f) paragraph 33(1)(a) ; and


(g) paragraph 43B(1)(a) ; and


(h) section 59 ;

has effect as if:


(i) the primary Norfolk Island enactment; and


(j) any other Norfolk Island enactment, in so far as it relates to the primary Norfolk Island enactment;

were an enactment (within the meaning of this Act).

25(9) - (12)  
(Repealed by No 38 of 2005)




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