South Australian Numbered Acts

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SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 (NO 59 OF 2013) - SECT 34

34—Decisions within review jurisdiction

        (1)         If the matter that a relevant Act gives the Tribunal jurisdiction to deal with is a matter that expressly or necessarily involves a review of a decision, the matter comes within the Tribunal's review jurisdiction.

        (2)         For the purposes of this Act, a decision mentioned in subsection (1) is a "reviewable decision and the person or body that made or is taken to have made the decision is the "decision-maker" for the reviewable decision.

        (3)         Subject to subsections (4), (5) and (6), the Tribunal will, in exercising its review jurisdiction, examine the decision of the decision-maker by way of rehearing.

        (4)         On a rehearing, the Tribunal must reach the correct or preferable decision but in doing so must have regard to, and give appropriate weight to, the decision of the original decision-maker.

        (5)         A procedure on a rehearing will include—

            (a)         an examination of the evidence or material before the decision-maker (unless any such evidence or material is to be excluded under another provision of this Act or under any other law); and

            (b)         a consideration of any further evidence or material that the Tribunal decides, in the circumstances of the particular case, to admit for the purposes of rehearing the matter.

        (6)         In exercising its review jurisdiction, the Tribunal is to deal with a matter in accordance with this Act and the relevant Act.

        (7)         Furthermore, the relevant Act may modify the operation of this Act in relation to a matter that comes within the Tribunal's review jurisdiction.



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