Section 145 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Review decisions: substance

145 Review decisions: substance (1) In making a decision on the review, the reviewer must— (a) put aside the Corporation's decision and look at the matter afresh on the basis of the information provided at the review; and (b) put aside the policy and procedure followed by the Corporation and decide the matter only on the basis of its substantive merits under this Act. (2) However, on the review of a decision revised by the Corporation under section 65(1) , the Corporation must establish that the decision revised under that subsection was made in error. (3) The reviewer must— (a) dismiss the application; or (b) modify the Corporation's decision; or (c) quash the Corporation's decision; or (d) direct the Corporation to make a decision within a time frame specified by the reviewer if the Corporation has not made the decision in a timely manner as contemplated by sections 54 and 134(1)(b) ; or (e) make the decision for the Corporation if it has not made a decision in a timely manner as contemplated by sections 54 and 134(1)(b) . (4) If the reviewer quashes the Corporation's decision, the reviewer must— (a) substitute the reviewer's decision for that of the Corporation; or (b) require the Corporation to make the decision again in accordance with directions the reviewer gives. (5) The reviewer may make a decision even though a person entitled to be present and heard at the hearing did not attend it unless, before the reviewer makes the decision,— (a) the person gives the reviewer a reasonable excuse for the person's non-attendance; and (b) the reviewer considers that a decision should not be made until the person has been heard. Compare: 1998 No 114 s 148