ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 5 - Procedural powers of Tribunal  

SECTION 41   OPERATION AND IMPLEMENTATION OF A DECISION THAT IS SUBJECT TO REVIEW  

41(1)  
Subject to this section, the making of an application to the Tribunal for a review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision.

41(2)  


The Tribunal may, on request being made by a party to a proceeding before the Tribunal (in this section referred to as the " relevant proceeding " ), if the Tribunal is of the opinion that it is desirable to do so after taking into account the interests of any persons who may be affected by the review, make such order or orders staying or otherwise affecting the operation or implementation of the decision to which the relevant proceeding relates or a part of that decision as the Tribunal considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the application for review.
Note:

This section does not apply in relation to proceedings in the Social Services and Child Support Division, as a result of provisions in the enactments that authorise applications for reviews that will be heard in that Division.

41(3)  


Where an order is in force under subsection (2) (including an order that has previously been varied on one or more occasions under this subsection), the Tribunal may, on request being made by a party to the relevant proceeding, make an order varying or revoking the first-mentioned order.

41(4)  


Subject to subsection (5), the Tribunal shall not -


(a) make an order under subsection (2) unless the person who made the decision to which the relevant proceeding relates has been given a reasonable opportunity to make a submission to the Tribunal, as the case may be, in relation to the matter; or


(b) make an order varying or revoking an order in force under subsection (2) (including an order that has previously been varied on one or more occasions under subsection (3)) unless -


(i) the person who made the decision to which the relevant proceeding relates;

(ii) the person who requested the making of the order under subsection (2); and

(iii) if the order under subsection (2) has previously been varied by an order or orders under subsection (3) - the person or persons who requested the making of the last-mentioned order or orders,
have been given a reasonable opportunity to make submissions to the Tribunal, as the case may be, in relation to the matter.

41(5)  


Subsection (4) does not prohibit the Tribunal from making an order without giving to a person referred to in that subsection a reasonable opportunity to make a submission to the Tribunal or in relation to a matter if the Tribunal is satisfied that, by reason of the urgency of the case or otherwise, it is not practicable to give that person such an opportunity but, where an order is so made without giving such an opportunity to the person who made the decision to which the relevant proceeding relates, the order does not come into operation until a notice setting out the terms of the order is given to that person.

41(6)  
An order in force under subsection (2) (including an order that has previously been varied on one or more occasions under subsection (3)) -


(a) is subject to such conditions as are specified in the order; and


(b) has effect until -


(i) where a period for the operation of the order is specified in the order - the expiration of that period or, if the application for review is decided by the Tribunal before the expiration of that period, the decision of the Tribunal on the application for review comes into operation; or

(ii) if no period is so specified - the decision of the Tribunal on the application for review comes into operation.

41(7) - (8)  


(Repealed by No 38 of 2005)



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