New South Wales Consolidated Acts

DORMANT FUNDS ACT 1942 - SECT 15B

15B Appeals to Charity Referees

(1) Any person who is dissatisfied with a determination under section 5A, or the decision of the Commissioner revoking a determination under that section, may appeal to the Charity Referees against the determination or decision. An appeal must be lodged within the period prescribed by the regulations.

(2) An appeal is to be dealt with by way of a new hearing. Fresh evidence, or evidence in addition to or substitution for the evidence on which the determination or decision appealed from was based, may, with the leave of the Charity Referees, be given at the hearing of an appeal.

(3) A person who has lodged an appeal may withdraw the appeal at any time before the Charity Referees have decided it.

(4) In deciding an appeal, the Charity Referees may:

(a) confirm the determination or decision appealed from, or

(b) quash that determination or decision and, in the case of a determination, substitute such other determination as the Commissioner could have made on the matter to which the appeal relates, or

(c) remit the matter to the Commissioner to be dealt with as ordered by the Charity Referees.

The quashing of a decision made under section 5A has the effect of reinstating the determination to which the decision relates.

(5) The decision of the Charity Referees on an appeal made under this section is final.

(6) A decision of the Charity Referees under this section cannot for any reason be challenged before, or reviewed, quashed or called into question by, any court. No proceedings, whether for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of any decision of the Charity Referees under this section.