Appeal Rules

5. Reconsideration of Decisions

Sections

• Application for reconsideration

• Conditions on reconsideration applications

• Reconsideration Threshold Panel

• Written submissions for reconsideration threshold review

• Criteria for reconsideration

• Decision to reconsider

Application for reconsideration  [back to top section] 

5.1(1) In accordance with section 13.1(7) and (8) of the Act, on application by a person with a direct interest in a decision made by the Appeals Commission, the Appeals Commission may reconsider a matter it has dealt with, including a question, issue, order, direction or determination that the Appeals Commission has dealt with in a decision.

(2) The application must:

1. be in writing
    
   
2. identify the date and decision number of the decision,
    
   
3. identify the issue or issues in the decision for which reconsideration is requested,
   
   
4. set out the reasons for the application for reconsideration,
   
   
5. set out the remedy sought, and
   
   
6. meet the time limitations of rule 5.2 [Conditions on reconsideration applications].

(3) The Appeals Commission may also decide to reconsider a matter it has dealt with on its own motion.


Conditions on reconsideration applications  [back to top section]  

5.2(1) Except when an application for reconsideration is made on the basis of new or unavailable evidence described in rule 5.5(3) [Criteria for reconsideration], a person may make an application under rule 5.1(1) [Application for reconsideration] only once in respect of a matter the Appeals Commission has dealt with.

(2) An application for reconsideration must be made to the Appeals Commission under rule 5.1 [Application for reconsideration]
 

1. within 6 months of the date that the matter the subject of the application was decided, or
    
2. in the case of an application based on new or unavailable evidence described in rule 5.5(3) [Criteria for reconsideration], within 6 months of the date the evidence was discovered or became available.

Reconsideration Threshold Panel  [back to top section]

5.3 An application for reconsideration under rule 5.1(1) [Application for reconsideration] by a person with a direct interest, or if the Appeals Commission wishes to consider acting on its own motion, that motion, must be referred to a panel of the Appeals Commission called the
Reconsideration Threshold Panel.

Written submissions for reconsideration threshold review  [back to top section]

5.4 Before the Threshold Review Panel considers an application or motion every party must be given an opportunity to make representations on whether the threshold for reconsideration of an Appeals Commission decision has been met.

Criteria for reconsideration  [back to top section]

5.5(1) The Reconsideration Threshold Panel must review an application or motion for reconsideration and only decide that a matter must be reconsidered if the application is made in time and the threshold requirements for reconsideration under subrule (2) are met or subrule (3) applies.

(2) The threshold requirements for reconsideration are that:

1. the decision shows an obvious and important error of law or jurisdiction;
    
2. the decision shows an important error of fact, or an error of mixed fact and law, in the decision that affects the decision;
    
3. the decision was based on a process that was obviously unfair or unjust

(3) A decision may also be reconsidered if the Threshold Reconsideration Panel is satisfied that new evidence is now available or that evidence, not available on reasonable and justifiable grounds at the hearing, is now available, and that the evidence

1. is relevant to the decision, and
    
2. is likely to have had an impact on the decision.

Decision to reconsider  [back to top section]

5.6(1) If the Reconsideration Threshold Panel decides that a matter should be reconsidered, the Appeals Commission must then, under section 13.1(7) of the Act, reconsider the matter.

(2) After reconsideration conducted in any manner the Appeals Commission considers appropriate, the Appeals Commission may confirm, rescind or amend any decision, direction or order previously made by the Commission.