Administrative Review Tribunal Act 2024
PART 4
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PROCEEDINGS
Division 6
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Tribunal powers
Subdivision B
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Management of proceedings
SECTION 85
TRIBUNAL MAY REMIT DECISION TO DECISION-MAKER FOR RECONSIDERATION
Tribunal may remit decision to decision-maker
85(1)
At any time during a proceeding for review of a reviewable decision, the Tribunal may remit the decision to the decision-maker and ask the decision-maker to reconsider the decision.
Decision-maker must reconsider decision
85(2)
If the Tribunal remits the decision to the decision-maker, the decision-maker must reconsider the decision and do one of the following: (a) affirm the decision; (b) vary the decision; (c) set aside the decision and make a new decision in substitution for the decision set aside.
After reconsideration
85(3)
After the decision-maker complies with subsection (2) , the proceeding resumes.
85(4)
The applicant may: (a) proceed with the application; or (b) withdraw the application under section 95 .
Review continues in relation to decision as updated by decision-maker
85(5)
If the decision-maker varies the decision, the application for review of the decision is taken to be an application for review of the decision as varied instead.
85(6)
If the decision-maker sets aside the decision and makes a new decision in substitution for the decision set aside, the application for review of the decision is taken to be an application for review of the new decision instead.
Timeframes for reconsideration
85(7)
The decision-maker must comply with subsection (2) within the period specified by the Tribunal when remitting the decision to the decision-maker.
85(8)
However, the Tribunal may, on the application of the decision-maker, extend the period within which the decision-maker must comply with subsection (2) .
85(9)
The decision-maker is taken to have affirmed the decision if the decision-maker does not comply with subsection (2) within the period specified by the Tribunal.
85(10)
For the purposes of subsection (9) , take into account any extension under subsection (8) of the period that occurs before the period would otherwise expire.
Tribunal may remit decision to decision-maker
85(1)
At any time during a proceeding for review of a reviewable decision, the Tribunal may remit the decision to the decision-maker and ask the decision-maker to reconsider the decision.
Decision-maker must reconsider decision
85(2)
If the Tribunal remits the decision to the decision-maker, the decision-maker must reconsider the decision and do one of the following: (a) affirm the decision; (b) vary the decision; (c) set aside the decision and make a new decision in substitution for the decision set aside.
After reconsideration
85(3)
After the decision-maker complies with subsection (2) , the proceeding resumes.
85(4)
The applicant may: (a) proceed with the application; or (b) withdraw the application under section 95 .
Review continues in relation to decision as updated by decision-maker
85(5)
If the decision-maker varies the decision, the application for review of the decision is taken to be an application for review of the decision as varied instead.
85(6)
If the decision-maker sets aside the decision and makes a new decision in substitution for the decision set aside, the application for review of the decision is taken to be an application for review of the new decision instead.
Timeframes for reconsideration
85(7)
The decision-maker must comply with subsection (2) within the period specified by the Tribunal when remitting the decision to the decision-maker.
85(8)
However, the Tribunal may, on the application of the decision-maker, extend the period within which the decision-maker must comply with subsection (2) .
85(9)
The decision-maker is taken to have affirmed the decision if the decision-maker does not comply with subsection (2) within the period specified by the Tribunal.
85(10)
For the purposes of subsection (9) , take into account any extension under subsection (8) of the period that occurs before the period would otherwise expire.
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