Administrative Review Tribunal Act 2024 (40 of 2024)

Part 4   Proceedings

Division 8   Decision

Subdivision C   Decision on review of reviewable decision

108   Effect of Tribunal decision to vary or substitute a reviewable decision

When this section applies

 

(1) This section applies if the Tribunal:

(a) varies the reviewable decision; or

(b) sets aside the reviewable decision and makes a decision in substitution for the reviewable decision.

Decision is taken to be decision of decision-maker

      

(2) The reviewable decision as varied, or the decision made in substitution for the reviewable decision, is taken be a decision of the decision-maker for all purposes other than:

(a) section 16 (decision is taken to be made if timeframe expires); or

(b) Division 3 of Part 3 (applying for review of decision); or

(c) Divisions 2 and 4 of Part 7 (appeals and references of questions of law to Federal Court); or

(d) Part 10 (notice and information about administrative decision).

No application for review of varied or substituted decision

      

(3) Application may not be made to the Tribunal for review of the reviewable decision as varied or the decision made in substitution for the reviewable decision.

Note 1: In some circumstances, application may be made to refer to the guidance and appeals panel a decision of the Tribunal to affirm, vary or set aside a decision (see section 123).

Note 2: This subsection does not apply in relation to ART social services decisions (see Part 5A).

Timing

      

(4) When the decision of the Tribunal to vary or set aside the reviewable decision comes into operation, the reviewable decision as varied, or the decision made in substitution for the reviewable decision, has effect, or is taken to have had effect, from the time at which the reviewable decision has or had effect.

      

(5) Subsection (4) does not apply if the Tribunal orders otherwise.