New South Wales Consolidated Regulations

COAL ACQUISITION (COMPENSATION) ARRANGEMENTS 1985 - REG 29

29 Decisions of Compensation Review Tribunal

(1) As soon as practicable after hearing an appeal lodged with it under this instrument or the 1997 Compensation Arrangements, the Compensation Review Tribunal shall, if it finds the ground of the appeal to be sustained, allow the appeal, but otherwise it shall dismiss the appeal.

(2) If in accordance with subclause (1) the Compensation Review Tribunal allows an appeal on the ground that the Board has wrongly assessed the amount of compensation concerned, it shall either:

(a) vary the determination of the Compensation Board to which the appeal relates by substituting for the amount of compensation determined by the Board such amount as, in its opinion, the Board ought to have determined, or

(b) remit the claim or application that is the subject of the appeal to the Board for reconsideration with a direction to vary its determination by correctly assessing the amount of compensation specified in the determination.

(3) If in accordance with subclause (1) the Compensation Review Tribunal allows an appeal on the ground that the claimant or applicant was entitled to compensation or that the claim or application was wrongfully refused, it shall either:

(a) make a determination specifying an amount of compensation that, in its opinion, the Compensation Board ought to have awarded to the claimant or applicant concerned, or

(b) remit the claim or application that is the subject of the appeal to the Board for reconsideration with a direction to make a determination assessing the amount of compensation to be paid to the claimant or applicant concerned.

(3A) If the Compensation Review Tribunal varies the determination of the Compensation Board under subclause (2) (a) or makes a determination under subclause (3) (a), that determination as so varied or, as the case may be, that determination shall be deemed to be the determination of the Board.

(3B) A claim or application may not be remitted pursuant to subclause (2) (b) or (3) (b) as a consequence of any decision made after the commencement of this subclause to allow an appeal.

(4) Where under subclause (1) the Compensation Review Tribunal dismisses an appeal, the determination of the Compensation Board appealed against shall be deemed to be confirmed.

(5) The Compensation Review Tribunal may give such ancillary directions with respect to an appeal lodged under this instrument or the 1997 Compensation Arrangements as it considers appropriate.

(6) It is the duty of the Compensation Board to comply with directions given by the Compensation Review Tribunal under this clause in so far as those directions apply to the Board.