ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 1 - Applications for review of decisions  

SECTION 26   RESTRICTION ON POWERS OF DECISION-MAKER AFTER APPLICATION FOR REVIEW IS MADE  

26(1)  
Subject to section 42D , after an application is made to the Tribunal for a review of a decision, the decision may not be altered otherwise than by the Tribunal on the review unless:


(a) if regulations made for the purposes of subsection 25(2) (which deals with Norfolk Island) did not authorise the making of the application - the enactment that authorised the making of the application expressly permits the decision to be altered; or


(aa) if regulations made for the purposes of subsection 25(2) authorised the making of the application - the Norfolk Island enactment under which the decision was made expressly permits the decision to be altered; or


(b) the parties to the proceeding, and the Tribunal, consent to the making of the alteration.

26(1A)  


Paragraph (1)(b) does not apply in relation to a proceeding that is a child support first review.

26(2)  
A reference in subsection (1) to the alteration of a decision is a reference to:


(a) the variation of a decision; or


(b) the setting aside of a decision; or


(c) the setting aside of a decision and the making of a decision in substitution for the decision set aside.




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