Decisions that Secretary may review
(1) The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision.
Decisions that are not reviewed
(2) Subsection (1) does not apply to a decision of the Secretary that relates to the Secretary's powers under section 327 to settle proceedings before the Administrative Appeals Tribunal.
(2A) Subsection (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP.
Applications to AAT
(3) The Secretary may review a decision even if an application has been made to the AAT for a review in relation to the decision.
Secretary may affirm, vary or substitute
(4) The Secretary may:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
Notice to AAT Registrar
(6) If the Secretary makes a decision under subsection (4) after a person has applied to the AAT for a review in relation to the decision, the Secretary must give written notice of the Secretary's decision to the Registrar of the AAT.
Event taken to have occurred
(7) If:
(a) the Secretary sets a decision aside under subsection (4); and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.