SRA Handbook

Reconsideration

Back to version 21

Version 3 of the Handbook was published on 20/04/2012. For more information, please click 'History' Above

Rule 29: Reconsideration

29.1

The SRA may reconsider a decision made under these rules when it appears that the decision maker:

(a)

was not provided with material evidence that was available to the SRA;

(b)

was materially misled;

(c)

failed to take proper account of material facts or evidence;

(d)

took into account immaterial facts or evidence;

(e)

made a material error of law;

(f)

made a decision which was otherwise irrational or procedurally unfair;

(g)

made a decision which was otherwise ultra vires; or

(h)

failed to give sufficient reasons.

29.2

A decision may be reconsidered under Rule 29.1 only on the initiative of the SRA.

29.3

The SRA, when considering the exercise of its powers under this rule, may also give directions for:

(a)

further investigations to be undertaken;

(b)

further information or explanation to be obtained from any person; and

(c)

the reconsideration to be undertaken by the original decision maker or by a different decision maker or panel.