New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997 - SECT 79A

79A References of questions of law to Supreme Court

(1) The Tribunal in proceedings at first instance may, of its own motion or at the request of a party, refer a question of law arising in the proceedings to the Supreme Court for the opinion of the Court if the President has consented in writing to the question being referred.

(2) For the purposes of this section, "proceedings at first instance" are proceedings in the Tribunal for an original decision or the review of a reviewable decision.

(3) The Supreme Court has jurisdiction to hear and determine any question of law referred to it under this section.

(4) If a question of law arising in proceedings has been referred to the Supreme Court under this section, the Tribunal is not:

(a) to give a decision in the proceedings to which the question is relevant while the reference is pending, or

(b) to proceed in a manner, or make a decision, that is inconsistent with the opinion of the Supreme Court on the question.

(5) Subsection (4) extends to an Appeal Panel of the Tribunal determining an appeal from a decision of the Tribunal in proceedings in which a question of law has been referred to the Supreme Court under this section.