SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL ACT 2014 - SECT 30
SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL ACT 2014 - SECT 30
(1) The Tribunal may,
on a review of a decision—
(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 its own decision; or
(ii)
send the matter back to the decision-maker for
reconsideration in accordance with any directions or recommendations that the
Tribunal considers appropriate,
and, in any case, may make any order the Tribunal considers appropriate
(including any interim order pending the reconsideration and determination of
the matter by the decision-maker, or any ancillary or consequential order,
that the Tribunal considers appropriate).
(2) The fact that a
decision is made on reconsideration under subsection (1)(c)(ii) does not
prevent the decision from being open to review by the Tribunal.
(3) The
decision-maker's decision as affirmed or varied by the Tribunal or a decision
that the Tribunal substitutes for the decision-maker's decision—
(a) is
to be regarded as, and given effect as, a decision of the decision-maker; and
(b)
unless the relevant Act states otherwise or the Tribunal orders otherwise, is
to be regarded as having effect, from the time when the decision reviewed
would have, or would have had, effect.
(4) Without limiting
subsection (3)(a), the decision-maker has power to do anything necessary
to implement the Tribunal's decision.
(5) Despite
subsection (3)(a), the decision as affirmed, varied or substituted is not
again open to review before the Tribunal as a decision of the decision-maker
(but may be subject to appeal under this Act).