Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 96

Referral of questions of law to Court

96. Referral of questions of law to Court



(1) The Tribunal, with the consent of the President, may refer any question of
law arising in a proceeding to the Trial Division of the Supreme Court or the
Court of Appeal for decision.

(2) A referral may be made under subsection (1) on the application of a party
or on the Tribunal's own initiative.

(3) If a question of law has been referred to the Trial Division or the Court
of Appeal, the Tribunal must not-

   (a)  make a determination to which the question is relevant while the
        referral is pending; or

   (b)  proceed in a manner or make a determination that is inconsistent with
        the opinion of the Trial Division or Court of Appeal on the question.

Division 7-Hearings