63 Determination of review by Tribunal
(1) In determining an application for a review of a 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:(a) any relevant factual material,(b) any applicable written or unwritten law.(2) For this purpose, the Tribunal may exercise all of the functions that are conferred or imposed by any relevant enactment on the administrator who made the decision.(3) In determining an application for the review of a reviewable decision, the Tribunal may decide:(a) to affirm the reviewable decision, or(b) to vary the reviewable decision, or(c) to set aside the reviewable decision and make a decision in substitution for the reviewable decision it set aside, or(d) to set aside the reviewable decision and remit the matter for reconsideration by the administrator in accordance with any directions or recommendations of the Tribunal.
64 Application of Government policy
(1) In determining an application for a review of a reviewable decision, the Tribunal must give effect to any relevant Government policy in force at the time the reviewable decision was made except to the extent that the policy is contrary to law or the policy produces an unjust decision in the circumstances of the case.(2) The Premier or any other Minister may certify, in writing, that a particular policy was Government policy in relation to a particular matter.(3) The certificate is evidence of the Government policy concerned and the Tribunal is to take judicial notice of the contents of that certificate.(4) In determining an application for a review of a reviewable decision, the Tribunal may have regard to any other policy applied by the administrator in relation to the matter concerned except to the extent that the policy is contrary to Government policy or to law or the policy produces an unjust decision in the circumstances of the case.(5) In this section:Government policy means a policy adopted by:
(a) the Cabinet, or(b) the Premier or any other Minister,that is to be applied in the exercise of discretionary powers by administrators.
65 Power to remit matters to administrator for further consideration
(1) At any stage of proceedings to determine an application for a review of a reviewable decision, the Tribunal may remit the decision to the administrator who made it for reconsideration of the decision by the administrator.(2) If a decision is so remitted to an administrator, the administrator may reconsider the decision and may:(a) affirm the decision, or(b) vary the decision, or(c) set aside the decision and make a new decision in substitution for the decision set aside.(3) If the administrator varies the decision:(a) the application is taken to be an application for review of the decision as varied, and(b) the person who made the application may either:(i) proceed with the application for review of the decision as varied, or(ii) withdraw the application.(4) If the administrator sets the decision aside and makes a new decision in substitution for the decision set aside:(a) the application is taken to be an application for review of the new decision, and(b) the person who made the application may either:(i) proceed with the application for review of the new decision, or(ii) withdraw the application.
66 Effect of a review decision
(1) A decision determining an application for a review of a reviewable decision takes effect on the date on which it is given or such later date as may be specified in the decision.(2) If any such decision varies, or is made in substitution for, an administrator’s decision, the decision of the Tribunal is taken:(a) to be the decision of the administrator (other than for the purposes of a review under this Chapter), and(b) to have had effect as the decision of the administrator on and from the date of the administrator’s actual decision, unless the Tribunal orders otherwise.