Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 8 - Decision  

Subdivision B - Decisions agreed by parties  

SECTION 103   IF PARTIES REACH AGREEMENT - REVIEW OF DECISIONS ONLY  
Tribunal may make decision agreed by parties

103(1)    
If, at any time:

(a)    the parties to a proceeding for review of a decision agree on the terms of a decision of the Tribunal:

(i) in the proceeding; or

(ii) in relation to a part of the proceeding; or

(iii) in relation to a matter arising out of the proceeding;

that would be acceptable to the parties; and

(b)    the terms of the agreement are reduced to writing, signed by or on behalf of the parties and given to the Tribunal; and

(c)    if the terms of the agreement are signed in a dispute resolution process under Subdivision C of Division 6 - 7 days pass after the terms of the agreement are given to the Tribunal and none of the parties has notified the Tribunal in writing that the party wishes to withdraw from the agreement; and

(d)    the Tribunal is satisfied that a decision in the terms of the agreement or consistent with those terms would be within the powers of the Tribunal;

the Tribunal may act in accordance with subsection (2) or (3) .

Decision agreed by parties

103(2)    
If the agreement reached is an agreement on the terms of a decision of the Tribunal in the proceeding, the Tribunal may, without holding or completing the hearing of the proceeding, make a decision in accordance with those terms.

Tribunal does not need to deal with agreed part or matter

103(3)    
If the agreement relates to:

(a)    a part of the proceeding; or

(b)    a matter arising out of the proceeding;

the Tribunal may, in its decision in the proceeding, give effect to the terms of the agreement without dealing (or further dealing) with that part or that matter at the hearing of the proceeding.

Variation or revocation of decision

103(4)    
The Tribunal may vary or revoke a decision in relation to a proceeding, to the extent the decision is made in accordance with subsection (2) or (3) , if:

(a)    the parties to the proceeding reach agreement on the variation or revocation; and

(b)    the terms of the agreement are reduced to writing, signed by or on behalf of the parties and given to the Tribunal; and

(c)    in the case of a variation - the Tribunal is satisfied that it would have been within the powers of the Tribunal to have made the decision as varied.