South Australian Consolidated Acts South Australian Consolidated Acts22—Application for review of Commissioner's decision
(1) A party to
proceedings before the Commissioner who is dissatisfied with a decision made
by the Commissioner in the proceedings may apply to the Court for a review of
the Commissioner's decision.
(2) However, if the
Commissioner's decision relates to a subject on which the Commissioner has an
absolute discretion, the decision, insofar as it was made in the exercise of
that discretion, is not reviewable by the Court.
(3) An application for
review of a decision of the Commissioner must be made within 1 month after the
party receives notice of the decision or a longer period allowed by the Court.
(4) A review is in the
nature of a rehearing.
(5) On a review, the
Court may exercise any one or more of the following powers:
(a)
affirm, vary or quash the decision subject to the review;
(b) make
any decision that should, in the opinion of the Court, have been made in the
first instance;
(c)
refer a matter back to the Commissioner for rehearing or reconsideration;
(d) make
any incidental or ancillary order.