South Australian Numbered Acts

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SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL ACT 2014 (NO 17 OF 2014) - SECT 27

27—General nature of proceedings

        (1)         Subject to a relevant Act, a matter that comes before the Tribunal will be dealt with as a review of the decision that constitutes the matter.

        (2)         Where the review of a decision is to be undertaken, the person or body that made or is taken to have made the decision is the "decision-maker" for the purposes of these provisions.

        (3)         Subject to subsections (4), (5) and (6), the Tribunal will 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 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 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 jurisdiction.



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