QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 116
Deciding question of law
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 116
Deciding question of law
116 Deciding question of law
(1) This section applies for deciding a question of law arising in a
proceeding.
(2) If the presiding member is a legally qualified member or an
adjudicator, the tribunal’s decision on the question is the decision of the
presiding member.
(3) If the presiding member is not a legally qualified
member or an adjudicator and the tribunal as constituted for the proceeding
includes 1 legally qualified member, the tribunal’s decision on the question
is the decision of the legally qualified member.
(4) If the presiding member
is not a legally qualified member or an adjudicator and the tribunal as
constituted for a proceeding includes 2 legally qualified members, the
tribunal’s decision on the question is the decision of the legally qualified
member nominated by the president to decide questions of law arising in the
proceeding.
(5) If the presiding member is not a legally qualified member or
an adjudicator and the tribunal as constituted for a proceeding does not
include a legally qualified member—
(a) the tribunal’s decision on the
question is the decision of a legally qualified member nominated by the
president; and
(b) for that purpose only, the tribunal is taken to have been
reconstituted to include the legally qualified member.