Administrative Decisions Review Act 1997

In determining an application for an administrative review under this Act of an administratively reviewable decision, the Tribunal is to decide what the correct and preferable decision is having regard to the material then before it, including the following:

any relevant factual material,

any applicable written or unwritten law.

For this purpose, the Tribunal may exercise all of the functions that are conferred or imposed by any relevant legislation on the administrator who made the decision.

In determining an application for the administrative review of an administratively reviewable decision, the Tribunal may decide:

to affirm the administratively reviewable decision, or

to vary the administratively reviewable decision, or

to set aside the administratively reviewable decision and make a decision in substitution for the administratively reviewable decision it set aside, or

to set aside the administratively reviewable decision and remit the matter for reconsideration by the administrator in accordance with any directions or recommendations of the Tribunal.