AustLII Tasmanian Numbered Regulations

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RETIREMENT BENEFITS (PARLIAMENTARY SUPERANNUATION) REGULATIONS 2012 (S.R. 2012, NO. 119) - REG 101

Application to Supreme Court for declaration

(1)  If a relevant person is adversely affected by a final decision of the Board under regulation 100 , he or she may request the Board to apply to the Supreme Court for a declaration in respect of that decision.
(2)  If so requested by a relevant person, the Board must apply to the Supreme Court for a declaration in respect of a final decision.
(3)  Subject to subregulation (5) , the Supreme Court, on an application under this regulation, may make a declaration as to the validity or otherwise of the final decision in respect of which the application is made.
(4)  The Supreme Court is to have regard to any relevant fact or event in making the declaration.
(5)  The Supreme Court must not make a declaration in respect of a final decision, the validity of which cannot be decided at the time when the Court is asked to make the declaration.
(6)  For the purpose of reviewing a final decision by the Board, the Supreme Court has all the powers and discretions conferred on the Board.
(7)  The Supreme Court may make a declaration –
(a) affirming the Board's final decision; or
(b) remitting the matter to which the Board's final decision relates to the Board for reconsideration in accordance with the directions of the Supreme Court; or
(c) varying the Board's final decision; or
(d) setting aside the Board's final decision and substituting a decision for the decision set aside.
(8)  Except as provided in subregulations (9) and (10) , the cost of making an application to the Supreme Court is to be met by the Board from the PS Fund or the PRB Fund, as the case may require.
(9)  On requesting the Board to apply to the Supreme Court for a declaration, a relevant person must pay to the Board an application fee of 200 fee units.
(10)  If, in the opinion of the Supreme Court, the request is frivolous or not in good faith, the Court may award costs in full or part against the relevant person making the request.



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