Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section
the Commission means the Commission constituted by a commissioner, but does
not include the Commission exercising jurisdiction under section 80ZE.
(2) Subject to this
section, an appeal lies to the Full Bench in the manner prescribed from any
decision of the Commission.
(2a) An appeal does
not lie under this section from a finding unless, in the opinion of the Full
Bench, the matter is of such importance that, in the public interest, an
appeal should lie.
(2b) An appeal does
not lie under this section from a determination —
(a) of a
relevant industrial authority —
(i)
under section 97VP; or
(ii)
in an arbitration under any EEA dispute provision of the
kind referred to in section 97UP;
or
(b) of
the Commission under section 97XC or 97XQ.
(3) An appeal under
this section shall be instituted within 21 days of the date of the
decision against which the appeal is brought and may be instituted
by —
(a) any
party to the proceedings wherein the decision was made; or
(b) any
person who was an intervener in those proceedings.
(4) An appeal under
this section —
(a)
shall be heard and determined on the evidence and matters raised in the
proceedings before the Commission; and
(b)
shall, if brought by a person referred to in subsection (3)(b), be
dismissed unless, on the hearing of the appeal, that person obtains leave of
the Full Bench,
and, for the purpose
of paragraph (a), proceedings includes any proceedings arising under
section 35(3).
(5) In the exercise of
its jurisdiction under this section the Full Bench may, by
order —
(a)
dismiss the appeal;
(b)
uphold the appeal and quash the decision or, subject to subsection (6),
vary it in such manner as the Full Bench considers appropriate; or
(c)
suspend the operation of the decision and remit the case to the Commission for
further hearing and determination.
(6) Where the Full
Bench varies a decision under subsection (5)(b) the decision as so varied
shall be in terms which could have been awarded by the Commission that gave
the decision.
(6a) The Full Bench is
not to remit a case to the Commission under subsection (5)(c) unless it
considers that it is unable to make its own decision on the merits of the case
because of lack of evidence or for other good reason.
(7) The decision of
the Full Bench shall be signed and delivered by the President.
(8) When the members
of the Full Bench are divided on a question, the question shall be decided
according to the decision of a majority of the members unless the members are
evenly divided on the question in which case the question shall be decided
according to the decision of the President.
(9) When any question
of law arises in any proceedings before the Full Bench, the President may
state a case for the decision of the Court thereon and shall do so if a
majority of the members of the Full Bench so request.
(10)
Subsections (7), (8), and (9) apply to and in relation to all proceedings
before the Full Bench whether under this section or otherwise.
(11) At any time after
an appeal to the Full Bench has been instituted under this section a person
who has a sufficient interest may apply to the Commission for an order that
the operation of the decision appealed against be stayed, wholly or in part,
pending the hearing and determination of the appeal.
(12) An application
under subsection (11) shall be heard and determined by the President.
[Section 49 amended by No. 121 of 1982
s. 20; No. 94 of 1984 s. 30 and 66; No. 119 of 1987
s. 12; No. 1 of 1995 s. 9; No. 36 of 1999 s. 247;
No. 20 of 2002 s. 8 and 125.]
[ 49A. Renumbered as section 48A by
No. 20 of 2002 s. 120.]
[ 49AB, 49B. Repealed by No. 20 of 2002
s. 145.]
[ 49C. Renumbered as section 48B by
No. 20 of 2002 s. 120.]
[Heading inserted by No. 20 of 2002
s. 146(1).]