Western Australian Current Acts Western Australian Current Acts (1) Any person
aggrieved by a determination of the Director under section 13M(4) may —
(a) if a
question of law is involved, apply to the State Administrative Tribunal for a
review of the decision; or
(b) in
any other case, appeal in the prescribed manner to a technical review panel
appointed under the regulations.
(2) If a determination
is sent back to the Director under section 29(3)(c)(ii) of the
State Administrative Tribunal Act 2004 for reconsideration —
(a) the
Director is to make a new determination under section 13J(4) in accordance
with any directions or recommendations of the State Administrative Tribunal
within 20 working days of the day on which the Director receives notice of the
Tribunal’s decision; and
(b) the
new determination is not subject to review under section 13M; and
(c)
section 29(4) of the State Administrative Tribunal Act 2004 does not apply in
relation to the new determination.
(3) On an appeal made
under subsection (1)(b) the technical review panel may confirm, cancel or vary
the determination and the decision of the technical review panel is final.
(4) If the technical
review panel cancels a determination, the Director may make a new
determination in accordance with the panel’s decision under
section 13J(4) within 20 working days of the day on which the Director
receives notice of the panel’s decision, which determination is not
subject to review under section 13M.
(5) If an application
for review or an appeal has been made under subsection (1) in relation to a
determination, the State Administrative Tribunal or the technical review
panel, as the case may be, may suspend the operation or effect of the
determination until the determination of the review or appeal.
(6) If the technical
review panel confirms a determination under subsection (3), the appellant is
liable to pay the reasonable costs of the review.
(7) Any costs payable
by the appellant under subsection (6) are recoverable by the Director in a
court of competent jurisdiction as a debt due to the State.
[Section 13N inserted: No. 5 of 2007 s. 32.]