New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 54

54 References of questions of law to Supreme Court

(1) The Tribunal (including when constituted as an Appeal Panel) may, of its own motion or at the request of a party, refer a question of law arising in the proceedings to the Supreme Court for the opinion of the Court.

(2) The Tribunal may refer a question of law under this section only if the President has consented in writing to the question being referred.

(3) The Supreme Court has jurisdiction to hear and determine any question of law referred to it under this section, but may decline to exercise that jurisdiction if it considers it appropriate to do so.

(4) If a question of law arising in proceedings has been referred to the Supreme Court under this section, the Tribunal is not--

(a) to give a decision in the proceedings to which the question is relevant while the reference is pending, or

(b) to proceed in a manner, or make a decision, that is inconsistent with the opinion of the Supreme Court on the question.

(5) Subsection (4) extends to the Tribunal when constituted as an Appeal Panel that is determining an internal appeal from a decision of the Tribunal in proceedings before which a question of law has been referred by the Tribunal at first instance to the Supreme Court under this section.