New South Wales Repealed Acts

This legislation has been repealed.

COMPENSATION COURT ACT 1984 - SECT 34B

34B References of questions of law to a Judge

(1) A commissioner may:

(a) of the commissioner’s own motion, or

(b) on application by the parties, or any one of them,

refer for the opinion of a Judge any question arising in proceedings before the commissioner that is a question of law or a question that the commissioner thinks is of sufficient importance to warrant consideration by a Judge.

(2) Despite the reference of a question to a Judge by a commissioner under this section (not being the question of whether the commissioner may exercise powers under this Act in relation to a matter), the commissioner may make an award in the matter in which the question arose.

(3) Upon the determination by a Judge of a question referred under this section:

(a) if the commissioner has not made an award in the matter in which the question arose, the commissioner may make an award not inconsistent with the opinion of the Judge, or

(b) if the commissioner has made an award in the matter in which the question arose, the commissioner is to vary that award in such a way as will make it consistent with the opinion of the Judge.