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  1. Reviewer Jurisdiction s.134

    22 October 2019 - 05:24 PM

    s.134 Who may apply for review
    (1) A claimant may apply to the Corporation for a review of—
    (a) any of its decisions on the claim:
    (B) any delay in processing the claim for entitlement that the claimant believes is an unreasonable delay:
    © any of its decisions under the Code on a complaint by the claimant.

    Iam looking for input insofar as the jurisdiction of the reviewer to consider matters which fall outside a those decision referred to in s.134.

    There is the trend for the reviewer to consider matters which fall into adminstration duties of the corporation, which the corporation are unable to delegate, however the corporation make there argument the claimant hasnt meet the mandatory requirements in completing the AC33.

    This i would of thought would fall short of being a decision on the claim for which the reviewer would have jurisdiction to make a ruling on.

    So how can the reviewer consider matters that are outside the scope of s.134, either presented by the claimant or the corp.

    It seems that a Reviewer to considering anything outside of s.134 implies that they have jurisdiction to consider those administrative duties of the corp and if the reviewer is not satisfied those provisions are not meet the review is dismissed,

    Where as i believe the Reviewers jurisdiction to make a ruling is limited to decisions in s.134 and nothing more.

    If there was an issue in the manner that a review application is presented, then i would expect that the corporation needs to decline acceptance, in which a reviewable decision is provided.

    Hope this makes sense


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