Administrative Review Tribunal Act 2024
PART 5
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GUIDANCE AND APPEALS PANEL
Division 3
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Party may apply to refer Tribunal decision to guidance and appeals panel
Subdivision C
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Review after Tribunal decision is referred to guidance and appeals panel
SECTION 130
APPLICATION FOR REVIEW PROCEEDS IF PRESIDENT REFERS TRIBUNAL DECISION TO GUIDANCE AND APPEALS PANEL
When this section applies
130(1)
This section applies if the President refers to the guidance and appeals panel under section 128 a decision made by the Tribunal (the Tribunal decision ) to affirm, vary or set aside a decision (the original decision ).
Applicant is taken to have applied for review of decision
130(2)
The person who applied to refer the Tribunal decision to the guidance and appeals panel is taken to have applied to the Tribunal for review of the following decision: (a) if the Tribunal decision is to affirm the original decision - the original decision; (b) if the Tribunal decision is to vary the original decision - the original decision as varied (an updated decision ); (c) if the Tribunal decision is to set aside the original decision and make a new decision in substitution for it - the new decision (also an updated decision ); (d) if the Tribunal decision is to set aside the original decision and remit the matter to the decision-maker for reconsideration - the original decision.
Parties to Tribunal decision proceeding are parties to review proceeding
130(3)
In addition to the persons who are parties to the proceeding for the review under section 22 , any other party to the proceeding in which the Tribunal decision is made is a party to the proceeding for the review.
130(4)
Subsection (3) is subject to section 65 (certain parties may seek to withdraw from being a party) and 83 (Tribunal may remove party from proceeding if party fails to appear or does not comply).
This Act applies differently in relation to the review
130(5)
The following provisions do not apply in relation to an updated decision: (b) section 24 (decision-maker must give Tribunal additional statement if Tribunal requires - general rule); (c) Part 10 (notice and information about administrative decision).
130(6)
The following provisions do not apply in relation to a guidance and appeals panel application: (aa) Division 3 of Part 3 (applying for review of decision); (a) section 21 (parties and potential parties to be notified of application); (b) section 23 (decision-maker must give reasons and documents to Tribunal - general rule).
130(7)
This Act applies in relation to an updated decision or a guidance and appeals panel application subject to any modifications prescribed by the regulations.
When this section applies
130(1)
This section applies if the President refers to the guidance and appeals panel under section 128 a decision made by the Tribunal (the Tribunal decision ) to affirm, vary or set aside a decision (the original decision ).
Applicant is taken to have applied for review of decision
130(2)
The person who applied to refer the Tribunal decision to the guidance and appeals panel is taken to have applied to the Tribunal for review of the following decision: (a) if the Tribunal decision is to affirm the original decision - the original decision; (b) if the Tribunal decision is to vary the original decision - the original decision as varied (an updated decision ); (c) if the Tribunal decision is to set aside the original decision and make a new decision in substitution for it - the new decision (also an updated decision ); (d) if the Tribunal decision is to set aside the original decision and remit the matter to the decision-maker for reconsideration - the original decision.
Note 1:
The decision-maker for the original decision is the decision-maker for the purposes of the review (see section 108 ).
Note 2:
The Tribunal will be constituted by the guidance and appeals panel for the purposes of the proceeding for the review (see sections 41 and 42 ).
Parties to Tribunal decision proceeding are parties to review proceeding
130(3)
In addition to the persons who are parties to the proceeding for the review under section 22 , any other party to the proceeding in which the Tribunal decision is made is a party to the proceeding for the review.
130(4)
Subsection (3) is subject to section 65 (certain parties may seek to withdraw from being a party) and 83 (Tribunal may remove party from proceeding if party fails to appear or does not comply).
This Act applies differently in relation to the review
130(5)
The following provisions do not apply in relation to an updated decision: (b) section 24 (decision-maker must give Tribunal additional statement if Tribunal requires - general rule); (c) Part 10 (notice and information about administrative decision).
130(6)
The following provisions do not apply in relation to a guidance and appeals panel application: (aa) Division 3 of Part 3 (applying for review of decision); (a) section 21 (parties and potential parties to be notified of application); (b) section 23 (decision-maker must give reasons and documents to Tribunal - general rule).
130(7)
This Act applies in relation to an updated decision or a guidance and appeals panel application subject to any modifications prescribed by the regulations.
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