Administrative Review Tribunal Act 2024

PART 3 - STARTING A REVIEW  

Division 4 - After an application is made  

Subdivision C - Effect of application for review on decision  

SECTION 31   DECISION CANNOT BE ALTERED OUTSIDE TRIBUNAL PROCESS  
General rule

31(1)    
After an application is made to the Tribunal for review of a reviewable decision, the decision may not be altered otherwise than by the Tribunal.

Exceptions

31(2)    
However, the decision may be altered if:

(a)    both of the following apply:

(i) the parties to the proceeding for the review consent to the alteration;

(ii) the Tribunal, by order, consents to the alteration; or

(b)    the decision is remitted to the decision-maker under section 85 .

Definitions

31(3)    
In this section:

alter
a decision means:

(a) vary the decision; or

(b) set the decision aside; or

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