Administrative Review Tribunal Act 2024 (40 of 2024)

Part 3   Starting a review

Division 4   After an application is made

Subdivision C   Effect of application for review on decision

31   Decision cannot be altered outside Tribunal process

General rule

 

(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

      

(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

      

(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.