Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 147

Decisions which Employment Secretary may review
147.(1) The Employment Secretary may review a reviewable decision if the
Employment Secretary is satisfied that there is sufficient reason to review
the decision.
Note: "Reviewable decision" is defined by section 145.

Pending Tribunal applications

(2) The Employment Secretary may review a decision even if an application has
been made to the Social Security Appeals Tribunal or the Administrative
Appeals Tribunal for review of the decision.

Employment Secretary may affirm, vary or substitute

(3) The Employment Secretary may:

   (a)  affirm the decision; or

   (b)  vary the decision; or

   (c)  set the decision aside and substitute a new decision.

Notice to National Convenor of the Social Security Appeals Tribunal

(4) If:

   (a)  the Employment Secretary makes a decision under subsection (3); and

   (b)  at the time when the Employment Secretary makes that decision, a
        person has applied to the Social Security Appeals Tribunal for review
        of the decision that was reviewed by the Employment Secretary; the
        Employment Secretary must give the National Convenor of the Social
        Security Appeals Tribunal written notice of the Employment Secretary's
        decision under subsection (3).
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with
service of documents) apply to a notice given under this subsection.

Notice to AAT Registrar

(5) If:

   (a)  the Employment Secretary makes a decision under subsection (3); and

   (b)  at the time when the Employment Secretary makes that decision, a
        person has applied to the Administrative Appeals Tribunal for review
        of the decision that was reviewed by the Employment Secretary; the
        Employment Secretary must give the Registrar of the Administrative
        Appeals Tribunal written notice of the Employment Secretary's decision
        under subsection (3).
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with
service of documents) apply to a notice given under this subsection.

Event deemed to have occurred

(6) If:

   (a)  the Employment Secretary sets a decision aside under subsection (3);
        and

   (b)  the Employment Secretary is satisfied that an event that did not occur
        would have occurred if the decision had not been made; the
        Employment Secretary may, if satisfied that it is reasonable to do so,
        deem the event to have occurred for the purposes of this Act.