(1) An appeal under this Act is to be made:(a) except as provided by paragraph (b)—within 21 days after the appellant is notified of the decision appealed against, or(b) within such other time as may be prescribed by the regulations in respect of the appeal.(2) The manner of making and the procedure for hearing and determining an appeal under this Act is, subject to the regulations, to be as determined by the Committee.(3) The Committee may at any time refer the matter the subject of an appeal under this Act to the Corporation for reconsideration.(4) The determination of the Committee in respect of an appeal under this Act is taken to be the final decision of the Corporation and must be given effect to by the Corporation.(5) Despite subsection (4), in proceedings in any court a plea of issue estoppel is not available in respect of an issue decided by the Committee.
74 Hearing and determination of appeals by 2 or more members
(1) If the Committee in any particular case or class of cases so determines, an appeal under this Act may be heard or may be heard and determined by 2 or more members of the Committee appointed by the Committee for the purpose.(2) If an appeal is heard but not determined by 2 or more members of the Committee, the determination of the appeal must be made by the Committee at a meeting at which a quorum is present.(3) If an appeal is heard and determined by 2 or more members of the Committee, the determination of the appeal is taken to have been made by the Committee.
The Committee must give the appellant written notice of its decision on an appeal under this Act not later than 14 days after the day on which the decision is made.
76 Personal representative of deceased person may appeal on person’s behalf
(1) A reference in Division 2 to a person who has an appeal right under that Division includes, where the person has died, the person’s personal representative acting on behalf of the person.(2) In this section, personal representative, in relation to a person who has died, means:(a) in the case of a person who died wholly or partially intestate—any person who appears to the Committee to be entitled to obtain a grant of letters of administration of the estate of the person, and(b) in the case of a person who died testate—any person who appears to the Committee to be entitled to receive the relevant payment under the will of the person.
77 Appeals against refusal to register as employer
(1) This section applies if the Corporation refuses to register a person as an employer under section 18 (Dealing with applications for registration as employer).(2) The applicant for registration may appeal to the Committee against the Corporation’s decision.(3) If an appeal is made, the Committee must:(a) if satisfied that the person to whom the application relates is an employer for the contract cleaning industry—direct the Corporation to register the person as an employer for the industry, or(b) in any other case—confirm the Corporation’s decision.
78 Appeals against refusal to register as registered worker
(1) This section applies if the Corporation refuses to register a person as a worker under section 24 (Dealing with applications for registration as registered worker).(2) The applicant for registration may appeal to the Committee against the Corporation’s decision.(3) If an appeal is made, the Committee must:(a) if satisfied that the person to whom the application relates is a worker for the contract cleaning industry—direct the Corporation to register the person as a worker for the industry, or(b) in any other case—confirm the Corporation’s decision.
79 Appeal against cancellation of employer’s registration
(1) A person may appeal to the Committee against a decision of the Corporation under section 31 to cancel the person’s registration as an employer.(2) The Committee may, in determining an appeal, confirm the cancellation or:(a) in the case of a cancellation under section 31 (1)—quash the decision of the Corporation if satisfied that the person concerned is an employer and that the person’s application to become a registered employer was approved in accordance with this Act, or(b) in the case of a cancellation under section 31 (4)—quash the decision of the Corporation if satisfied that the person concerned has not stopped engaging workers to perform cleaning work in the contract cleaning industry.
80 Appeal against cancellation of worker’s registration
(1) A person may appeal to the Committee against a decision of the Corporation under section 28 to cancel the person’s registration as a worker (otherwise than as authorised by section 28 (4)).(2) The Committee may, in determining an appeal, confirm the cancellation or:(a) in the case of a cancellation under section 28 (1)—quash the decision of the Corporation if satisfied that the person concerned is a worker and that the person’s application to become a registered worker was approved in accordance with this Act, or(b) in the case of a cancellation under section 28 (2)—quash the decision of the Corporation if satisfied that the registered worker was entitled under this Act to be credited with service in the workers register during the period of 4 years immediately preceding the cancellation.
81 Appeals against refusal to grant exemption or revocation of exemption
(1) This section applies if the Corporation refuses to grant an exemption to an employer, or revokes an exemption granted to an employer, under section 40 (Exemption from lodging return).(2) The employer may appeal to the Committee against the Corporation’s decision.(3) If an appeal is made, the Committee must:(a) if satisfied that the exemption should be granted or should not have been revoked—direct the Corporation to grant or reinstate the exemption (as the case requires), or(b) in any other case—confirm the Corporation’s decision.
82 Appeal in relation to payment of interest on long service levies etc
(1) This section applies if the Corporation gives, or refuse to give, a direction under section 52 (3).(2) A person who is aggrieved by the Corporation’s decision may appeal to the Committee for a review of the matter.(3) Without affecting the generality of section 73, notice of appeal under subsection (2) must:(a) specify why the decision of the Corporation with respect to the direction or the refusal to give the direction is unreasonable, having regard to the circumstances notified to the Corporation at the time the decision was made, and(b) be accompanied by a statutory declaration verifying the particulars set out in the application.(4) If an appeal is made, the Committee must:(a) confirm the decision of the Corporation, or(b) if it considers that the decision of the Corporation is unreasonable having regard to the circumstances notified to the Corporation at the time the decision was made—give such directions to the Corporation with respect to the matter as the Committee considers appropriate.
83 Appeals against levy assessments
(1) A person who is aggrieved by a decision of the Corporation in connection with an assessment under section 53 may appeal to the Committee for a review of the matter.(2) The Committee may, in determining an appeal, confirm the decision of the Corporation or quash the decision of the Corporation.
84 Appeal against limitation of long service payment by operation of deemed minimum and maximum rates of pay
(1) A person who has received a notification under section 68 and is dissatisfied with the calculation of the long service payment may appeal to the Committee.(2) The Committee, in determining the appeal, may confirm the calculation of the long service payment or set it aside and make a new calculation in substitution for that calculation.