SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 70

SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 70

70—Internal reviews

        (1)         Subject to this section, an application for a review of a decision of the Tribunal—

            (a)         in the exercise of its original jurisdiction; or

            (b)         as constituted by a registrar or other member of the staff of the Tribunal,

may be made under this section.

        (1a)         An application for review under—

            (a)         subsection (1)(a) is only by leave of a legally qualified member of the Tribunal; and

            (b)         subsection (1)(b) is only by leave of a Presidential member of the Tribunal.

        (2)         An application for review must be instituted within 1 month of the making of the decision to which the application relates but the Tribunal may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the application should be instituted within that period (even if the time for instituting the application has expired).

        (3)         The President may determine, in relation to a particular matter, or particular class of matters, how the Tribunal will be constituted for the purposes of this section.

        (4)         On a review, the Tribunal will examine the decision of the Tribunal at first instance on the evidence or material before the Tribunal at that time but the Tribunal may, as it thinks fit, allow further evidence or material to be presented to it.

        (5)         The Tribunal must, in acting under this section, reach the correct or preferable decision but in so doing must have regard to, and give appropriate weight to, the decision of the Tribunal at first instance.

        (6)         The Tribunal may, on a review under this section—

            (a)         affirm the decision that is being reviewed; or

            (b)         vary the decision that is being reviewed; or

            (c)         set aside the decision being reviewed and—

                  (i)         substitute a new decision; or

                  (ii)         return the matter to the Tribunal as constituted at first instance for reconsideration in accordance with any directions or recommendations that the Tribunal acting on review considers appropriate.

        (7)         The Tribunal may, on a review, make any interim order pending any review, or any reconsideration and determination of the matter, under this section, or any ancillary or consequential order, that the Tribunal considers appropriate.