New South Wales Consolidated Acts

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DRIVING INSTRUCTORS ACT 1992 - SECT 33

Procedure on appeal

33 Procedure on appeal

(1) An appeal under this Part is to be heard before the Local Court.
(2) The Local Court is to hear and determine the appeal and may confirm (with or without variation) or disallow the decision appealed against, or make any other order, as seems just to the Local Court.
(3) The Local Court is not bound to observe the rules of law governing the admission of evidence but may inform itself of any matter in such manner as it sees fit.
(4) The civil standard of proof applies in proceedings on an appeal.
(5) Any material considered by the Authority in reaching the decision the subject of the appeal and copies of any notices, documents or letters served on the appellant by the Authority together with details of their service are admissible in the proceedings.
(6) The authenticity of any such material, notices, documents, letters and service must be certified by an authorised officer.
(7) The decision of the Local Court given in any appeal under this Part is final, is taken to be the decision of the Authority and is to be carried into effect accordingly.



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