QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 118 Referring question of law to Court of Appeal

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 118

118 Referring question of law to Court of Appeal

(1) The president may refer a question of law in a proceeding before the tribunal to the Court of Appeal.

Note—

See also section 155 (Particular documents to be given to Court of Appeal).

(2) The president, or the appeal tribunal with the president’s consent, may refer a question of law in a proceeding before the appeal tribunal to the Court of Appeal.

(3) A referral under subsection (1) or (2) may be made on the application of a party to the proceeding or on the president’s or appeal tribunal’s own initiative.

(4) If a question of law is referred to the Court of Appeal under subsection (1) or (2) —

(a) the Court of Appeal may decide the question and make consequential or ancillary orders and directions; and

(b) the tribunal or appeal tribunal must not make a decision about the matter for which the question arose or is relevant until it receives the Court of Appeal’s decision on the question; and

(c) the tribunal or appeal tribunal must not proceed in a way, or make a decision, that is inconsistent with the Court of Appeal’s decision on the question.

(5) If the Court of Appeal decides a question of law referred to it under subsection (1) or (2) , the tribunal’s or appeal tribunal’s decision on the question is the decision of the Court of Appeal.