This information sheet gives you information you need to apply for the Tribunal to reconsider a decision.
This information sheet tells you:
There is a 14-day time limit.
This means that you must apply within 14 days of:
A Tribunal decision says that you did not make a submission. But you did make a submission. You must apply within 14 days of the decision.
The Tribunal can reconsider a decision:
The Tribunal cannot reconsider a decision because:
If you think the outcome was wrong or unreasonable, your option is judicial review.
There is a 60-day time limit to seek judicial review from a final decision. The court may extend the time. See section 57 of the Administrative Tribunals Act.
If you ask the Tribunal to reconsider a final decision, it is still a final decision. The 60-day time limit applies.
Usually, yes. This may depend on workload.
Tribunal members must be fair. They must have an open mind when they decide an application.
If you think the same member should not decide the application, you must show a “reasonable apprehension of bias”. This means you must show:
A reasonable and informed person would think the member would not fairly decide the application.
Rule 36(1) of the Tribunal’s Rules sets out the legal test to reconsider a decision. It says:
The tribunal may reconsider a decision only if it is satisfied that the interests of fairness and justice require the tribunal to reconsider the decision.
To meet this test, you must show:
You must say:
Note: If you made a mistake, explain why it was reasonable.
You must deal with the time limit:
Note: If you realized the problem when you read the decision, you must apply within 14 days of the date of the decision
You must say what change you want to the decision.