Technological Universities Act 2018

Appeal

46. (1) For the purposes of the appeal for which an appeals board is appointed, the board—

(a) shall request submissions from the parties to the appeal and the parties shall furnish the submissions to the appeals board within the period specified in the request,

(b) following consideration of the submissions, may hold a hearing, and

(c) may request such information from the parties to the appeal, or any other person as the appeals board considers necessary for the proper performance of its functions, and the parties to the appeal or other person, as the case may be, shall furnish the information to the appeals board within the period specified in the request.

(2) If a hearing is held—

(a) each of the parties to the appeal is entitled to be heard at the hearing, and

(b) the appeals board may adjourn the hearing of a matter at any stage in the proceedings until a date specified by the board.

(3) A decision by a majority of the members of an appeals board shall suffice for any purpose.

(4) In considering an appeal under this Part an appeals board shall consider—

(a) submissions from the parties to the appeal,

(b) the evidence presented at any hearing of the matter, and

(c) all information furnished to the appeals board.

(5) On completion of its consideration of the appeal the board shall make a decision determining the appeal as soon as practicable in all the circumstances of the case, which may be a determination to—

(a) affirm the decision of the Minister, or

(b) quash the decision of the Minister and direct the Minister, for stated reasons, to reconsider his or her decision within a specified period.

(6) The appeals board shall notify the parties to the appeal of its determination under subsection (5) as soon as practicable after it is made.

(7) In the case of a determination under subsection (5)(b), the Minister shall reconsider his or her decision within the specified period or the specified period as extended for a further period by the appeals board following:

(a) a request from the Minister;

(b) consultation with the parties to the appeal; and

(c) the board being satisfied that there is good and sufficient reason for so extending.