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Contents (2011 - 37)
Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 19 July 2018 at 06:31)
Part 17 Division 4 Subdivision 5
Subdivision 5 Appeals
135   Appeal against decision of Registrar as to matter of law
(1)  A party to an application who is dissatisfied with a decision of the Registrar as to a matter of law arising in the proceedings to determine the application may, in accordance with the Rules of the Commission, appeal to the Commission constituted by a Presidential member against the decision.
(2)  The appeal is to be in the form approved by the Commission and be accompanied by the fee approved by the Commission from time to time.
(3)  After deciding the question the subject of the appeal, the Commission constituted by a Presidential member may, unless it affirms the Registrar’s decision:
(a)  make such determination in relation to the application as, in its opinion, should have been made by the Registrar, or
(b)  remit its decision on the question to the Registrar and order the Registrar to re-determine the application.
(4)  On a re-determination of an application, fresh evidence, or evidence in addition to or in substitution for the evidence received at the original proceedings, may be given.
(5)  Subclause (1) does not apply to any decision of the Registrar arising in proceedings on an application in respect of the assessment of costs under Schedule 6 as in force at any time before, on or after 1 November 2006, unless:
(a)  an appeal against the decision has been instituted in accordance with this clause before that date, or
(b)  the decision is made in or in connection with the reference of a dispute to the Registrar under clause 98 (3).
136   Effect of appeal on application
(1)  If a party to an application has appealed against a determination or decision of the Registrar, either the Registrar or the Commission constituted by a Presidential member may suspend, until the appeal is determined, the operation of the determination or decision.
(2)  The Registrar or the Commission may end a suspension made by the Registrar. The court or the Commission may end a suspension made by the court or Commission.