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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.