(1) The Secretary may, on his or her own initiative, review a decision of an officer under this Act if the Secretary is satisfied that there is enough reason to review the decision.
(2) However, the Secretary must not, on his or her own initiative, review a decision of an officer under section 101 to make an employer determination.
Note 1: An employer may apply for review of a decision to make an employer determination (see section 207).
Note 2: For revocation of employer determinations, see section 108.
(3) The Secretary may review a decision:
(a) whether or not any person has applied for review of the decision; and
(b) even though an application has been made to the ART for review of the decision.
(4) On review of a decision, the Secretary may:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(5) A reference in subsection (1) to a decision of an officer under this Act includes a reference to a determination that the Secretary is taken, because of a provision of this Act, to have made.