Commonwealth Numbered Acts

COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 No. 21 of 1981 - SECT 79

79. (1) A person who was a party to a proceeding before the Disciplinary
Tribunal may appeal to the Court, on a question of law, from a decision of the
Tribunal in that proceeding.

(2) The appeal shall be instituted -

   (a)  within 28 days after the day on which a document setting out the terms
        of the decision of the Disciplinary Tribunal was furnished to the
        person or within such further time as the Court, whether before or
        after the expiration of that period, allows; and

   (b)  in such manner as is prescribed by rules of court made under the
        Federal  Court of Australia Act 1976 .

(3) The Court has jurisdiction to hear and determine the appeal, and that
jurisdiction shall be exercised by the Court constituted as a Full Court.

(4) The Court shall, in determining the appeal, make such order as it thinks
appropriate.

(5) Without limiting by implication the generality of sub-section (4), the
orders that may be made by the Court on the appeal include an order affirming
or setting aside the decision of the Disciplinary Tribunal and an order
remitting the proceeding to be heard and determined again, either with or
without the hearing of further evidence, by the Tribunal and in accordance
with any directions of the Court.

(6) Subject to the following provisions of this section, the institution of an
appeal to the Court from a decision of the Disciplinary Tribunal does not
affect the operation of the decision or prevent the taking of action to
implement the decision.

(7) Where an appeal is instituted in the Court from a decision of the
Disciplinary Tribunal, the Court or a Judge of the Court may make such order
or orders staying or otherwise affecting the operation or implementation of
either or both of the following:

   (a)  the decision of the Tribunal or a part of that decision; and

   (b)  the decision to which the proceeding before the Tribunal related or a
        part of that decision, as the Court or Judge considers appropriate for
        the purpose of securing the effectiveness of the hearing and
        determination of the appeal.

(8) Where an order is in force under sub-section (7) (including an order that
has previously been varied on one or more occasions under this sub-section),
the Court or a Judge of the Court may make an order varying or revoking the
first-mentioned order.

(9) An order in force under sub-section (7) (including an order that has
previously been varied on one or more occasions under sub-section (8)) -

   (a)  is subject to such conditions as are specified in the order; and

   (b)  has effect until -

        (i)    where a period for the operation of the order is specified in
               the order - the expiration of that period or, if a decision is
               given on the appeal before the expiration of that period, the
               giving of the decision; or

        (ii)   where no period is so specified - the giving of a decision on
               the appeal.