(1) A person whose
interests are adversely affected by a reviewable decision may apply to the
Board for a review of the decision.
(2) The Board may make
an order affirming, setting aside or varying (immediately or as from a
specified future date) the decision and, for the purposes of the review, may
exercise the same powers with respect to the subject matter of the decision as
may be exercised with respect to that subject matter by the person who made
the decision.
(2A) The Board may
refuse to review a reviewable decision if it considers that the application
for review is trivial or vexatious.
(2B) A determination
by the Board on the review of a reviewable decision has the same effect as if
it were made by the person who made the decision.
(3) The Board must
give an applicant under subregulation (1) written reasons for a decision
to refuse to review a reviewable decision on the basis that —
(a) the
applicant’s interests are not adversely affected by the reviewable
decision; or
(b) the
application is trivial or vexatious.
(4) This regulation is
subject to regulation 43.
[Regulation 42 inserted: Gazette
16 Aug 2005 p. 3846; amended: Gazette 31 Dec 2009
p. 5375; 13 Nov 2015 p. 4636; 27 Jul 2018
p. 2688; SL 2023/32 r. 14.]