WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 351
Reference of question of law on compensation claim to Commission constituted by presidential member
(1) A question of law arising in proceedings under the Workers Compensation
Acts before the Commission constituted by a non-presidential member may, with
the leave of the President, be referred by the member for the opinion of the
Commission constituted by the President.
(2) The reference of a question
under this section may be made on the application of a party to the
proceedings or of the non-presidential member's own motion.
(3) The President
is not to grant leave for the referral of a question of law under this section
unless satisfied that the question involves a novel or complex question of
law.
(4) If the President refuses to grant leave for the referral of a
question of law under this section, the President must state his or her
reasons in writing to the parties for the refusal.
(5) Despite the reference
of a question under this section, the Commission constituted by a
non-presidential member may make an award in the matter in which the question
arose unless the question is the question of whether the Commission may
exercisefunctions under this Act in relation to a matter.
(6) On the
determination of a question referred to the Commission under this section--
(a) if an award has not been made in the matter in which the question arose,
an award may be made that is not inconsistent with the opinion of the
Commission on the question, or
(b) if an award has been made in the matter in
which the question arose, the award must be varied in such a way as will make
it consistent with the opinion of the Commission on the question.
(7) The
reference of a question of law under this section may be by stating a case on
a question of law.
(8) The President may delegate to a Deputy President any
function of the President under this section (except this power of
delegation), but only if the President is satisfied that the delegation is
necessary to avoid a conflict of interest or the appearance of bias.
