Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_352w
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 352W
Character Range: 216439–218595

352W  Agreement about the terms of a decision etc.
 (1) If:
 (a) in the course of an alternative dispute resolution process under this Division, agreement is reached between the parties to a review or their representatives as to the terms of a decision of the Board:
 (i) in the review; or
 (ii) in relation to a part of the review; or
 (iii) in relation to a matter arising out of the review;
  that would be acceptable to the parties; and
 (b) the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Board; and
 (c) 7 days pass after lodgement, and none of the parties has notified the Board in writing that the party wishes to withdraw from the agreement; and
 (d) the Board is satisfied that a decision in the terms of the agreement or consistent with those terms would be within the powers of the Board;
the Board may, if it appears to it to be appropriate to do so, act in accordance with whichever of subsection (2) or (3) is relevant in the particular case.
 (2) If the agreement reached is an agreement as to the terms of a decision of the Board in the review, the Board may, without holding a hearing of the review, make a decision in accordance with those terms.
 (3) If the agreement relates to:
 (a) a part of the review; or
 (b) a matter arising out of the review;
the Board may, in its decision on the review, give effect to the terms of the agreement without dealing at the hearing of the review with the part of the review, or the matter arising out of the review, to which the agreement relates.

Variation or revocation of decision
 (4) The Board may vary or revoke so much of a decision as it made in accordance with subsection (2) or (3) if:
 (a) the parties, or their representatives, reach agreement on the variation or revocation; and
 (b) the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Board; and
 (c) the variation or revocation appears appropriate to the Board; and
 (d) in the case of a variation—the Board is satisfied that it would have been within the powers of the Board to have made the decision as varied.