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WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 58 Right of Tribunal to state case

WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 58

Right of Tribunal to state case

(1)  Where, in the opinion of the Tribunal, a matter in a proceeding before it involves a question of law of such public and general importance as to make it desirable in the public interest that it should be determined by the Supreme Court, the Tribunal, instead of determining the matter, may state a case for the opinion of the Supreme Court, and may adjourn the hearing of the matter pending the receipt of the opinion of the Supreme Court on it.
(2)  In a case referred to in subsection (1) , the Tribunal shall –
(a) immediately prepare and state a case setting forth the material facts as found by it, and stating the question of law on which it desires the opinion of the Supreme Court; and
(b) transmit the case without delay to the Registrar of the Supreme Court.
(3)  On receipt of a case stated under this section, the Registrar of the Supreme Court shall set it down for hearing and give the parties at least 7 days' notice of the hearing.
(4)  On the hearing of a case stated, the Supreme Court –
(a) shall be constituted by a single judge;
(b) may remit the case to the Tribunal for amendment if, in its opinion, the case is defective;
(c) may reserve the case or any point arising on the case for the Full Court; and
(d) shall cause the case to be remitted to the Tribunal with the opinion of the Court on the question submitted in that case.
(5)  The Full Court has power to hear and determine a case or point that is reserved for the Full Court pursuant to subsection (4) (c) .