87BScope of functions of Deputy Review Authority

1. A Deputy Review Authority may review decisions only if—

2. the Review Authority is absent from duty for any reason; or
3. there is a vacancy in the office of Review Authority; or
4. the Review Authority has assigned a decision or a class of decision to the Deputy Review Authority in the interests of avoiding—
   1. delay; or
   2. the perception of, or any actual, conflict of interest or other impropriety.

5. If there are 2 or more Deputy Review Authorities, the Review Authority must nominate 1 Deputy Review Authority (the nominated deputy) to exercise the power under subsection (1)(c) and that nominated deputy may then exercise that power when the Review Authority is absent from duty (for any reason) or when there is a vacancy in the office of the Review Authority.

6. A nomination—

7. must be in writing; and
8. is revocable at any time, in writing, by the person who made it or by his or her successor in office; and
9. until revoked, continues in force according to its terms even if the person who made it has ceased to hold the office of Review Authority.

10. Despite subsection (1), if, during the absence of the Review Authority from duty (for any reason) or a vacancy in the office of the Review Authority, there are 2 or more Deputy Review Authorities, a Deputy Review Authority may review a decision in accordance with subsection (1) only if—

11. that Deputy Review Authority is the nominated deputy; or
12. the decision has been, or is part of a class of decision that has been, assigned to that Deputy Review Authority under subsection (1)(c).

13. The fact that a Deputy Review Authority purports to exercise or perform, or to have exercised or performed, any function, duty, or power under this section or under an assignment under subsection (1)(c) or under a nomination under subsection (2) is, in the absence of proof to the contrary, sufficient evidence of the person’s authority to do so.