CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 32 Internal appeal jurisdiction of Tribunal

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 32

32 Internal appeal jurisdiction of Tribunal

(1) The Tribunal has
"internal appeal jurisdiction" over--

(a) any decision made by the Tribunal in proceedings for a general decision or administrative review decision, and

(b) any decision made by a registrar of a kind that is declared by this Act or the procedural rules to be internally appealable for the purposes of this section.

(2) The Tribunal also has the following jurisdiction in proceedings for the exercise of its internal appeal jurisdiction--

(a) the jurisdiction to make ancillary and interlocutory decisions of the Tribunal in the proceedings,

(b) the jurisdiction to exercise such other functions as are conferred or imposed on the Tribunal by or under this Act or enabling legislation in connection with the conduct or resolution of such proceedings.

(3) However, the internal appeal jurisdiction of the Tribunal does not extend to--

(a) any decision of an Appeal Panel, or

(b) any decision of the Tribunal in an external appeal, or

(c) any decision of the Tribunal in proceedings for the exercise of its enforcement jurisdiction, or

(d) any decision of the Tribunal in proceedings for the imposition of a civil penalty in exercise of its general jurisdiction.

Note : The decisions above may be appealable to the Supreme Court and, in some cases in relation to civil penalty decisions made by the Tribunal (whether under this Act or enabling legislation), the District Court. See section 73 and Part 6.

(4) An
"internally appealable decision" is a decision of the Tribunal or a registrar over which the Tribunal has internal appeal jurisdiction.

(5) An
"internal appeal" is an appeal to the Tribunal against an internally appealable decision.

(6) Subject to the procedural rules, if a decision of a registrar is an internally appealable decision, the provisions of this Act relating to the making and determination of an internal appeal are taken to apply as if--

(a) any reference to the Tribunal at first instance (however expressed) included a reference to a registrar, and

(b) any requirement concerning the granting of leave to appeal against particular kinds of decisions of the Tribunal or on particular grounds extended to decisions of the same kind made by a registrar or grounds of the same kind.