Internal review of order or declaration
175 Internal review of order or declaration
If, in a proceeding before the Tribunal under this Act, the Tribunal is constituted without a judicial member and the Tribunal makes an order or declaration of a kind specified in the regulations, a party to the proceedings may apply for internal review of the order or declaration.
However, an application for internal review of an order or declaration can be made only if —
leave is given by the Tribunal (constituted as required for an internal review under this section); and
the application is made within 28 days after the order or declaration is made or within an extension of that period given by the President.
For an internal review of an order or declaration, the Tribunal must be constituted of —
a judicial member or a senior member who is a legally qualified member; and
such other members, if any, as the President considers appropriate.
On an internal review of an order or declaration, the Tribunal may —
affirm the order or declaration; or
vary the order or declaration; or
set aside the order or declaration and substitute another order or declaration.
Unless otherwise provided by the regulations, the State Administrative Tribunal Act 2004 Part 3 Division 3 Subdivision 3 applies in relation to an internal review of an order or declaration.
The regulations may modify the operation of the State Administrative Tribunal Act 2004 for an internal review of an order or declaration.
This Act’s bill:Explanatory memorandumSecond reading speech
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