Part 2 Applications for original decisions

42   When can an application for an original decision be made?

A person may apply to the Tribunal for an original decision if:

(a)  the application is made by an interested person, and

(b)  the application is made in the manner and within the time prescribed by the rules of the Tribunal (or prescribed by or under the enactment under which the application is made).

Note. Section 4 defines interested person to mean a person who is entitled under an enactment to make an application to the Tribunal for an original decision or a review of a reviewable decision (as the case may be).

43   Fees for applications

(1)  An application to the Tribunal cannot be made unless the fee prescribed by the regulations (if any) in respect of the application is paid.

(2)  An application in respect of which a fee is waived under the regulations (whether at the time of lodgment or otherwise) is taken to be made at the time the application is lodged with the Tribunal.

(3)  This section does not apply to an application made under the Anti-Discrimination Act 1977 for an original decision.

44   Late applications to Tribunal

(1)  Despite section 42 (b), the Tribunal may, on application by an interested person seeking to make a late application, extend the time for the making by that person of an application if the Tribunal is of the opinion that the person has provided a reasonable explanation for the delay in making the application.

(1A)  An application by an interested person under subsection (1) must be in writing unless the Tribunal dispenses with the requirement.

(2)  The time for making an application for an original decision may be extended under subsection (1) although that time has expired.

(3)  In this section, late application means an application not made within the time prescribed by the rules of the Tribunal (or prescribed by or under the enactment under which the application is made).

45   Tribunal has the functions conferred or imposed by or under enactment

In determining an application for an original decision, the Tribunal has such functions as are conferred or imposed on the Tribunal by or under the enactment under which the application is brought.

46   Effect of an original decision

An original decision takes effect on the date on which it is given or such later date as may be specified in the decision.