Western Australian Numbered Acts

STATE ADMINISTRATIVE TRIBUNAL ACT 2004 (NO. 54 OF 2004) - SECT 29

29 .         Powers of Tribunal on review

        (1)         The Tribunal has, when dealing with a matter in the exercise of its review jurisdiction, functions and discretions corresponding to those exercisable by the decision-maker in making the reviewable decision.

        (2)         Subsection (1) does not limit the powers given by this Act or the enabling Act to the Tribunal.

        (3)         The Tribunal may —

            (a)         affirm the decision that is being reviewed;

            (b)         vary the decision that is being reviewed; or

            (c)         set aside the decision that is 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.

        (4)         The fact that a decision is made on reconsideration as required under subsection (3)(c)(ii), does not prevent the decision from being open to review by the Tribunal.

        (5)         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 enabling Act states otherwise or the Tribunal orders otherwise, is to be regarded as having effect, or having had effect, from the time when the decision reviewed would have, or would have had, effect.

        (6)         Without limiting subsection (5)(a), the decision-maker has power to do anything necessary to implement the Tribunal’s decision.

        (7)         Despite subsection (5)(a), the decision as affirmed, varied, or substituted is not again open to review by the Tribunal as a decision of the decision-maker.

        (8)         Subsection (5)(a) does not affect an appeal under Part 5 against the Tribunal’s decision.

        (9)         To avoid doubt it is declared that this section and section 27 do not extend to requiring or enabling the Tribunal to deal with a matter that is different in essence from the matter that was before the decision–maker.