Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
reviewable decision means —
(a) a
decision made under the regulations by the Commissioner himself or herself;
and
(b) a
determination of the Commissioner on the review, under the regulations, of a
decision made under the regulations by a person other than the Commissioner,
whether or not the decision was made by that person as a delegate of the
Commissioner,
but does not include a decision made by a person
acting as a delegate of the Commissioner.
(2) A person who is
not satisfied with a reviewable decision may, within 14 days of receiving
notice of the decision, refer the decision to the Tribunal for review.
(3) On reference of a
decision under subsection (2), the Tribunal is to inquire into the
circumstances relevant to the decision and may —
(a)
affirm the decision; or
(b) set
aside the decision; or
(c)
substitute for the decision any decision that the Tribunal considers the
Commissioner should have made in the first instance.
(4) Pending the
decision on a reference under this section, the operation of the reviewable
decision is to continue, subject to any decision to the contrary made by the
Tribunal.
[Section 61A inserted by No. 36 of 2009
s. 15.]