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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 27 April 2017 at 23:02)
Part 9 Section 158
158   Review by ITSRR and ADT
(1)  An eligible person:
(a)  in relation to a reviewable decision made by the ITSRR may apply to the ITSRR for a review of the decision within 28 days after the decision was made, or
(b)  in relation to a reviewable decision, other than a decision made by the ITSRR, may apply to the ITSRR for a review of the decision within:
(i)  28 days after the day on which the decision first came to the eligible person’s notice, or
(ii)  such longer period as the ITSRR allows.
(2)  The application must be in the approved form.
(3)  If an application is made to the ITSRR in accordance with this section, the ITSRR must make a decision:
(a)  to affirm or vary the reviewable decision, or
(b)  to set aside the reviewable decision and substitute another decision that the ITSRR considers appropriate.
(4)  The ITSRR must give a written notice to the applicant setting out:
(a)  the ITSRR’s decision under subsection (3) and the reasons for the decision, and
(b)  the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based,
and must do so within 14 days after the application is made or, if the reviewable decision was made under section 100, within 7 days after the application is made.
(5)  If the ITSRR has not notified an applicant of a decision in accordance with subsection (4), the ITSRR is taken to have made a decision to affirm the reviewable decision.
(6)  An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the ITSRR, on the ITSRR’s own initiative or on the application of the applicant for review, stays the operation of the decision (not being a prohibition notice) pending the determination of the review.
(7)  The ITSRR must make a decision on an application for a stay within 24 hours after the making of the application.
(8)  If the ITSRR has not made a decision in accordance with subsection (7), the ITSRR is taken to have made a decision to grant a stay.
(9)  The ITSRR may attach any conditions to a stay of the operation of a reviewable decision that the ITSRR considers appropriate.
(10)  An eligible person aggrieved by a reviewable decision may appeal to the Administrative Decisions Tribunal against the decision, if the ITSRR has notified the person of a decision under subsection (4) or subsection (5) applies.
(11)  Section 53 of the Administrative Decisions Tribunal Act 1997 does not apply to a reviewable decision.