Administrative Appeals Tribunal Act 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 5 - Procedural powers of Tribunal  

SECTION 42D   POWER TO REMIT MATTERS TO DECISION-MAKER FOR FURTHER CONSIDERATION  

42D(1)  


At any stage of a proceeding for review of a decision other than a proceeding in the Social Services and Child Support Division, the Tribunal may remit the decision to the person who made it for reconsideration of the decision by the person.

42D(2)   Powers of person to whom a decision is remitted.  

If a decision is so remitted to a person, the person may reconsider the decision and may:


(a) affirm the decision; or


(b) vary the decision; or


(c) set aside the decision and make a new decision in substitution for the decision set aside.

Note: For time limits, see subsection (5).

42D(3)  
If the person varies the decision:


(a) the application is taken to be an application for review of the decision as varied; and


(b) the person who made the application may either:


(i) proceed with the application for review of the decision as varied; or

(ii) withdraw the application.

42D(4)  
If the person sets the decision aside and makes a new decision in substitution for the decision set aside:


(a) the application is taken to be an application for review of the new decision; and


(b) the person who made the application may either:


(i) proceed with the application for review of the new decision; or

(ii) withdraw the application.

42D(5)   Time limits.  

The person must reconsider the decision, and do one of the things mentioned in paragraphs (2)(a), (b) and (c), within whichever of the following periods is applicable:


(a) if the Tribunal, when remitting the decision, specified a period within which the person was to reconsider the decision - that period;


(b) in any other case - the period of 28 days beginning on the day on which the decision was remitted to the person.

42D(6)  


The Tribunal may, on the application of the person, extend the period applicable under subsection (5).

42D(7)  


If the person has not reconsidered the decision, and done one of the things mentioned in paragraphs (2)(a), (b) and (c), within the period applicable under subsection (5), the person is taken to have affirmed the decision.

42D(8)  


If the person affirms the decision, the proceeding resumes.



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