Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 51

Functions of Tribunal on review

51. Functions of Tribunal on review



(1) In exercising its review jurisdiction in respect of a decision, the
Tribunal-

   (a)  has all the functions of the decision-maker; and

   (b)  has any other functions conferred on the Tribunal by or under the
        enabling enactment; and

   (c)  has any functions conferred on the Tribunal by or under this Act, the
        regulations and the rules.

(2) In determining a proceeding for review of a decision the Tribunal may, by
order-

   (a)  affirm the decision under review; or

   (b)  vary the decision under review; or

   (c)  set aside the decision under review and make another decision in
        substitution for it; or

   (d)  set aside the decision under review and remit the matter for
        re-consideration by the decision-maker in accordance with any
        directions or recommendations of the Tribunal.

(3) Subject to subsection (4), a decision of a decision-maker as affirmed or
varied by the Tribunal, or a decision made by the Tribunal in substitution for
the decision of a decision-maker-

   (a)  is deemed to be a decision of that decision-maker; and

   (b)  subject to any contrary order by the Tribunal, has, or is deemed to
        have had, effect from the time at which the decision under review has
        or had effect.

(4) Subsection (3)(a) does not apply for the purposes of-

   (a)  an application to the Tribunal for review of the decision; or

   (b)  an appeal under Part 5.

(5) If an applicant does not appear (personally or by representative) at the
hearing of a proceeding for review of a decision, the Tribunal must confirm
the decision.