Section 451 — Social Security Act 2018: Regulations: how to begin, and procedure and powers for, review or appeal

451 Regulations: how to begin, and procedure and powers for, review or appeal (1) The Governor-General may, by Order in Council, make regulations for the purposes of sections 394 , 403(a) , 407 , and 414 . (2) Regulations made under subsection (1) may (without limitation) do all or any of the following: (a) provide for the procedure the committee, authority, court, or board must follow on the review or appeal: (b) provide for the committee’s, authority’s, or board’s power to deal with (for example, confirm, vary, revoke, or refer back to MSD with reasons for the referral back and related directions for reconsideration) the decision reviewed or appealed: (c) require MSD, out of money appropriated by Parliament for the purpose, to pay the actual and reasonable travelling and accommodation expenses (if any) incurred by an appellant who appears before the appeal authority: (d) require MSD to report to the appeal authority on an appeal, provide for required contents of the report, and require the appeal authority in determining the appeal to have regard to MSD’s report on the appeal: (e) authorise the appeal authority to receive as evidence any statement, document, information, or matter which in the authority’s opinion may assist it to deal with the matters before it, whether or not it would be otherwise admissible in a court of law: (f) authorise the appeal authority to make a costs award or order in favour of, or against, an appellant and, if the appeal authority considers it appropriate, to require MSD to pay a sum fixed by the authority to cover all or part of the costs the appeal authority has incurred in hearing and determining the appeal: (g) provide for the procedure for appeals to the High Court by way of case stated: (h) require an appeal to the High Court by way of case stated to be dealt with and determined (in particular, require the High Court to hear and determine the question of law in the case stated), in accordance with rules of court that are applicable and not inconsistent with this Act and the regulations. Compare: 1908 No 89 Schedule 2 r 21.14; 1964 No 136 ss 10A(1A), (1B), (8), (9), 10B(2) , 12I(2) , 12K(11) , 12L , 12M , 12O , 12OA , 12Q(3), (4), (6), (7), (8), (9), (10) , 12R ; 2011 No 81 ss 300 , 303 , 305 , 306 ; 2013 No 60 s 13