Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 229A

229A .         Conduct and outcome of external review

        (1)         This section applies if an application is made under section 229 for an external review of a decision.

        (2)         The Tribunal must review the decision (unless the applicant withdraws or discontinues the application).

        (3)         The review is to be by way of a hearing de novo, and it is not confined to matters that were before the decision-maker but may involve consideration of new material whether or not it existed at the time the decision was made.

        (4)         The purpose of the review is to produce the correct and preferable decision at the time of the completion of the review.

        (5)         When the review is completed, the Tribunal may —

            (a)         confirm or vary the decision; or

            (b)         set aside the decision and substitute another decision that the Tribunal considers appropriate.

        (6)         Despite subsections (2) to (4), the Tribunal may, with the agreement of the applicant and the decision-maker, act under subsection (5)(a) or (b) without starting or completing the review.

        (7)         Subsections (2) to (4) are also subject to Schedule 1 clause 30.