Administrative Review Tribunal Act 2024
PART 5
-
GUIDANCE AND APPEALS PANEL
Division 3
-
Party may apply to refer Tribunal decision to guidance and appeals panel
Subdivision B
-
After application to refer decision is made
SECTION 127
TRIBUNAL DECISION CONTINUES TO OPERATE UNLESS TRIBUNAL ORDERS OTHERWISE
General rule
127(1)
The making of an application (the referral application ) to refer a decision of the Tribunal (the Tribunal decision ) to the guidance and appeals panel does not affect the operation of the Tribunal decision or prevent the taking of action to implement the Tribunal decision.
Exception - Tribunal may stay operation or implementation
127(2)
However, on application by a party to the proceeding in which the Tribunal decision is made, the Tribunal may make an order staying or otherwise affecting the operation or implementation of the Tribunal decision if the Tribunal considers that it is desirable to do so for the purpose of ensuring the effectiveness of the referral application.
127(3)
The order is subject to any conditions specified in the order.
127(4)
The order has effect until: (a) if the President refers the Tribunal decision - 14 days after the President refers the Tribunal decision; or (b) in any other case - the Tribunal refuses the referral application.
127(5)
Despite subsection (4) , if: (a) the order states that it applies for a period; and (b) the period ends before the time the order would cease to have effect under subsection (4) if the period were not stated;
127(6)
The Tribunal may, by order, vary or revoke the order on application by a party to the proceeding in which the Tribunal decision is made.
Preconditions to making, varying or revoking an order
127(7)
The Tribunal must not make, vary or revoke an order staying or otherwise affecting the operation or implementation of the Tribunal decision unless: (a) the Tribunal has given the parties to the proceeding in which the Tribunal decision is made a reasonable opportunity to make submissions to the Tribunal in relation to the making, variation or revocation of the order; and (b) the Tribunal has taken into account the interests of any person who may be affected by the decision affirmed, varied or set aside by the Tribunal decision.
127(8)
However, paragraph (7)(a) does not prevent the Tribunal making, varying or revoking an order without giving a party an opportunity to make a submission to the Tribunal if the Tribunal is satisfied that it is not practicable to give the party the opportunity.
127(9)
If the Tribunal makes, varies or revokes an order without giving a party an opportunity to make a submission as mentioned in subsection (8) , the order, variation or revocation does not take effect until a notice setting out the terms of the order, variation or revocation is given to the party.
General rule
127(1)
The making of an application (the referral application ) to refer a decision of the Tribunal (the Tribunal decision ) to the guidance and appeals panel does not affect the operation of the Tribunal decision or prevent the taking of action to implement the Tribunal decision.
Exception - Tribunal may stay operation or implementation
127(2)
However, on application by a party to the proceeding in which the Tribunal decision is made, the Tribunal may make an order staying or otherwise affecting the operation or implementation of the Tribunal decision if the Tribunal considers that it is desirable to do so for the purpose of ensuring the effectiveness of the referral application.
127(3)
The order is subject to any conditions specified in the order.
127(4)
The order has effect until: (a) if the President refers the Tribunal decision - 14 days after the President refers the Tribunal decision; or (b) in any other case - the Tribunal refuses the referral application.
Note:
If the President refers the Tribunal decision, an application is taken to be made for review of a reviewable decision (see subsection 130(2) ). The Tribunal may stay the operation or implementation of the reviewable decision for the purpose of ensuring the effectiveness of the review (see section 32 ).
127(5)
Despite subsection (4) , if: (a) the order states that it applies for a period; and (b) the period ends before the time the order would cease to have effect under subsection (4) if the period were not stated;
the order has effect until the end of the period.
127(6)
The Tribunal may, by order, vary or revoke the order on application by a party to the proceeding in which the Tribunal decision is made.
Preconditions to making, varying or revoking an order
127(7)
The Tribunal must not make, vary or revoke an order staying or otherwise affecting the operation or implementation of the Tribunal decision unless: (a) the Tribunal has given the parties to the proceeding in which the Tribunal decision is made a reasonable opportunity to make submissions to the Tribunal in relation to the making, variation or revocation of the order; and (b) the Tribunal has taken into account the interests of any person who may be affected by the decision affirmed, varied or set aside by the Tribunal decision.
127(8)
However, paragraph (7)(a) does not prevent the Tribunal making, varying or revoking an order without giving a party an opportunity to make a submission to the Tribunal if the Tribunal is satisfied that it is not practicable to give the party the opportunity.
127(9)
If the Tribunal makes, varies or revokes an order without giving a party an opportunity to make a submission as mentioned in subsection (8) , the order, variation or revocation does not take effect until a notice setting out the terms of the order, variation or revocation is given to the party.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.