Application may be made to refer certain Tribunal decisions to guidance and appeals panel
123 Application may be made to refer certain Tribunal decisions to guidance and appeals panel
General rule
Application may be made to the President to refer a decision of the Tribunal under section 105 (Tribunal decision on review of reviewable decision) to the guidance and appeals panel.
If the President refers a Tribunal decision to the guidance and appeals panel, the Tribunal will be constituted by the guidance and appeals panel for the purposes of the proceeding (see sections 41 and 42).
An application may be made under subsection (1) by a person who was at any time a party to the proceeding in which the decision of the Tribunal is made.
To avoid doubt, the decision of the Tribunal is not a reviewable decision.
If the President refers a Tribunal decision to the guidance and appeals panel, the review relates to the decision affirmed, varied or set aside by the Tribunal decision (see subsection 130(2)).
Exception—Tribunal decision made by guidance and appeals panel or Judge
Subsection (1) does not apply in relation to a decision made by the Tribunal constituted for the purposes of a proceeding by:
the guidance and appeals panel; or
a member who is, or members at least one of whom is, a Judge.
Exception—decision by agreement of parties
Subsection (1) does not apply if the decision is made in accordance with subsection 103(2) (decision agreed by parties).
Exception—decision of a kind prescribed by the rules
Subsection (1) does not apply in relation to a decision of a kind prescribed by the rules.
This Act’s bill:Explanatory memorandumSecond reading speech
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