ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 26 Restriction on powers of decision - maker after application for review is made
ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 26
Restriction on powers of decision - maker after application for review is made(1) Subject to section 42D, after an application is made to the Tribunal for a review of a decision, the decision may not be altered otherwise than by the Tribunal on the review unless:
(a) if regulations made for the purposes of subsection 25(2) (which deals with Norfolk Island) did not authorise the making of the application--the enactment that authorised the making of the application expressly permits the decision to be altered; or
(aa) if regulations made for the purposes of subsection 25(2) authorised the making of the application--the Norfolk Island enactment under which the decision was made expressly permits the decision to be altered; or
(b) the parties to the proceeding, and the Tribunal, consent to the making of the alteration.
(1A) Paragraph (1)(b) does not apply in relation to a proceeding that is a child support first review.
(2) A reference in subsection (1) to the alteration of a decision is a reference to:
(a) the variation of a decision; or
(b) the setting aside of a decision; or
(c) the setting aside of a decision and the making of a decision
in substitution for the decision set aside.