Tasmanian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1984 - SECT 82

      (1) A person who is aggrieved by –

(a) a refusal by a Commissioner sitting alone to grant an authority under section 79 or 81; or

(b) the terms specified in an authority granted under either of those sections; or

(c) the revocation of such an authority; or

(d) an order made by the Commission under section 80(2) –

      (2) An appeal must be instituted by giving written notice of appeal to the Registrar within a period of 21 days after –

(a) the service of a notice under section 79(3) or 81(3), in the case of a refusal to grant an authority; or

(b) the receipt of an authority, in the case of an appeal against the terms specified in the authority; or

(c) the service of a notice under section 79(5) or 81(4), in the case of an appeal against the revocation of an authority; or

(d) the date of the order of the Commission under section 80(2).

      (3) The membership of a Full Bench for the purpose of hearing an appeal is not to include the Commissioner whose decision is appealed against.

      (4) An appeal must be heard and determined by a Full Bench in such manner as the Full Bench determines.

      (5) At the hearing of an appeal a Full Bench may –

(a) dismiss the appeal; or

(b) quash the decision appealed against and direct the Commissioner who made the decision or some other Commissioner to take such action as the Full Bench considers necessary in the matter to which the appeal relates.

      (6) If an appeal is in respect of the revocation of an authority, the revocation has no effect until –

(a) the determination or abandonment of the appeal; or

(b) such later date as the Full Bench determines.

      (7) A Full Bench must cause a copy of its decision in relation to an appeal to be served on the parties to the appeal.

      (8) The decision of a Full Bench on an appeal is final.