New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) In this Schedule--
"Division decision" means a decision of the Tribunal in exercise of a Division function.
"Division function" means a function of the Tribunal allocated to the Division by this Schedule.
"Division Head" means the Division Head of the Division.
"Division member" means a member who is assigned to the Division.
"substantive Division function" means a Division function other than--(a) a Division function exercised in connection with the making of an ancillary or interlocutory decision of the Tribunal, or(b) a Division function exercised by a registrar.
"the Division" means the Occupational Division of the Tribunal.
(2) Except as otherwise provided by this Schedule, a provision of this Schedule that provides for, or limits or excludes, an appeal against a decision of the Tribunal that is made for the purposes of specified legislation (or a specified provision of legislation) is taken to extend to any ancillary or interlocutory decision of the Tribunal in the proceedings in which that decision was made.
The Division is to be composed of the following members--
(a) the Division Head,
(b) such other members as may be assigned to the Division by or under this Act.
The Minister may not recommend the appointment of a person as the Division Head unless the Minister certifies that the Minister has consulted with the Minister for Health about the appointment.
(1) The functions of the Tribunal in relation to the following legislation are allocated to the Division--Aboriginal Land Rights Act 1983Architects Act 2003Building and Development Certifiers Act 2018Conveyancers Licensing Act 2003 (except in relation to Division 3 of Part 4 of that Act)Design and Building Practitioners Act 2020Health Care Complaints Act 1993Health Practitioner Regulation National Law (NSW)Legal Profession Uniform Law (NSW)Legal Profession Uniform Law Application Act 2014Local Government Act 1993Passenger Transport Act 1990Point to Point Transport (Taxis and Hire Vehicles) Act 2016Public Notaries Act 1997Security Industry Act 1997Surveying and Spatial Information Act 2002Tattoo Industry Act 2012Tow Truck Industry Act 1998Veterinary Practice Act 2003Wool, Hide and Skin Dealers Act 2004Note : The functions allocated by this subclause include the function of exercising the administrative review jurisdiction of the Tribunal in relation to the specified legislation.
(2) Without limiting subclause (1), the function of exercising the administrative review jurisdiction of the Tribunal in relation to the following legislation is also allocated to the Division--Fair Trading Act 1987Home Building Act 1989Motor Dealers Act 1974Motor Dealers and Repairers Act 2013Motor Vehicle Repairs Act 1980Pawnbrokers and Second-hand Dealers Act 1996Property and Stock Agents Act 2002State Insurance and Care Governance Act 2015Workplace Injury Management and Workers Compensation Act 1998
(3) The functions allocated to the Division by subclauses (1) and (2) include--(a) any functions under the provisions of the Licensing and Registration (Uniform Procedures) Act 2002 that confer administrative review jurisdiction on the Tribunal to the extent that those provisions are applied by legislation referred to in those subclauses to decisions made under that legislation, and(b) any functions conferred or imposed on the Tribunal by statutory rules made under legislation referred to in those subclauses, and(c) any functions conferred or imposed on the Tribunal by or under this Act or enabling legislation in connection with the conduct or resolution of proceedings for the exercise of functions allocated by those subclauses (including the making of ancillary and interlocutory decisions of the Tribunal), and(d) in relation to the exercise of administrative review jurisdiction in this Division--any functions conferred or imposed on the Tribunal by or under the Administrative Decisions Review Act 1997 in connection with the exercise of such jurisdiction.
Note : If special constitution requirements for the exercise of a Division function are not specified by the following provisions, the Tribunal may be constituted in accordance with the general provisions of section 27 of this Act. The Tribunal may also be constituted in accordance with the general provisions of that section in connection with the exercise of Division functions for the purposes of making ancillary or interlocutory decisions of the Tribunal.
(1) The Tribunal, when exercising its substantive Division functions for the purposes of the Architects Act 2003 , is to be constituted by 3 Division members as follows--(a) 1 member who is an Australian lawyer,(b) 1 member who is an architect but not an Australian lawyer,(c) 1 general member who is neither an architect nor an Australian lawyer.
(2) In this clause--
"architect" has the same meaning as in the Architects Act 2003 .
(1) Except as provided by subclause (2), the Tribunal, when exercising its substantive Division functions for the purposes of the Aboriginal Land Rights Act 1983 or Local Government Act 1993 , is to be constituted by one Division member who is an Australian lawyer of at least 7 years' standing.
(2) The Tribunal, when exercising its substantive Division functions for the purposes of section 329 of the Local Government Act 1993 , is to be constituted by 3 Division members.
(3) However, a Division member is not qualified to participate in proceedings for the exercise of substantive Division functions for the purposes of the Aboriginal Land Rights Act 1983 or Local Government Act 1993 if--(a) in the case of the exercise of functions for the purposes of the Aboriginal Land Rights Act 1983 --the member has, within 12 months before participation, been an officer or a member of staff of an Aboriginal Land Council or a councillor (within the meaning of that Act), or(b) in the case of the exercise of functions for the purposes of the Local Government Act 1993 --the member has, within 12 months before participation, been a councillor or employee of a council (within the meaning of that Act).
(1) This clause applies to proceedings for the exercise of Division functions for the purposes of the Aboriginal Land Rights Act 1983 or Local Government Act 1993 despite section 46 of this Act.
(2) A witness summoned to attend or appearing before the Tribunal at a hearing for proceedings to which this clause applies is not excused from answering any question or producing any document or other thing--(a) on the ground that the answer or production may incriminate the witness, or(b) on any other ground of privilege, or(c) on the ground of a duty of secrecy or other restriction on disclosure, or(d) on any other ground.
(3) An answer made, or document or other thing produced, by a witness at a hearing before the Tribunal is not (except as otherwise provided by this clause) admissible in evidence against the witness in any civil or criminal proceedings or in any disciplinary proceedings.
(4) Nothing in this clause makes inadmissible--(a) any answer, document or other thing in any civil or criminal proceedings or in any disciplinary proceedings if the witness does not object to giving the answer or producing the document or other thing irrespective of the provisions of subclause (1), or(b) any document in any civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing.
(5) If--(a) an Australian legal practitioner or other person is required to answer a question or produce a document or other thing at a hearing before the Tribunal, and(b) the answer to the question would disclose, or the document or other thing contains, a privileged communication passing between the practitioner (in his or her capacity as an Australian legal practitioner) and a person for the purpose of providing or receiving legal professional services in relation to the appearance, or reasonably anticipated appearance, of a person at a hearing before the Tribunal,the Australian legal practitioner or other person is entitled to refuse to comply with the requirement, unless the privilege is waived by a person having authority to do so.
In this Division--
"health practitioner" has the same meaning as in the National Law, and
includes a student within the meaning of that Law.
"Health Practitioner List" --see clause 10.
"National Law" means the Health Practitioner Regulation National Law (NSW) .
(1) The Tribunal, when exercising its Division functions for the purposes of the National Law, is under a duty to observe the objectives and principles referred to in sections 3 and 3A of the National Law.
(2) The provisions of this clause are in addition to, and do not limit, the provisions of section 36(5) of this Act.
(1) There is to be a Division List for the Division called the Health Practitioner List.
(2) Except as provided by subclause (3), all proceedings involving the exercise of a Division function in relation to the National Law are to be entered and managed in the Health Practitioner List.
(3) Proceedings involving the exercise of the administrative review jurisdiction of the Tribunal are not to be entered and managed in the Health Practitioner List.Note : See clause 13 of Schedule 5F to the National Law.
(1) A Division member is to be designated as the List Manager for the Health Practitioner List, but only on the recommendation of the Minister for Health.
(2) A Division member is qualified to be designated as the List Manager for the Health Practitioner List only if the member is an Australian lawyer of at least 7 years' standing.
(3) The functions of the List Manager for the Health Practitioner List are--(a) to manage the proceedings that are entered in the List, and(b) to give directions concerning the constitution of the Tribunal for proceedings entered in the List (subject to any direction of the President or Division Head of the Division) as if the function of constituting the Tribunal for such proceedings had been delegated by the President to the List Manager under clause 12 of Schedule 2, and(c) to exercise such other functions as are conferred or imposed on the List Manager by or under this Act or the National Law.
(4) The List Manager for the Health Practitioner List may delegate any of the List Manager's functions (other than this power of delegation, but including functions relating to the management of proceedings involving any particular class of health practitioner) to another Division member who is an Australian lawyer of at least 7 years' standing.
The President must--
(a) appoint a person as an occasional member for particular proceedings entered in the Health Practitioner List if that person has been selected for participation in the proceedings in accordance with any applicable procedures specified by or under the National Law, and
(b) assign a term member to the Division to participate in a particular class of proceedings entered in the Health Practitioner List if the person has been selected for participation in that class of proceedings in accordance with any applicable procedures specified by or under the National Law.
(1) The Tribunal, when exercising a Division function in proceedings that are entered in the Health Practitioner List, is to be constituted (and, where necessary, reconstituted) in accordance with any applicable requirements specified by or under the National Law for the constitution of the Tribunal in proceedings of the kind concerned.
(2) Nothing in subclause (1) limits the exercise by the List Manager for the Health Practitioner List (or a delegate of the List Manager) of any of the functions of the List Manager.
Note : The National Law also makes special provision with respect to certain practice and procedure for proceedings entered in the Health Practitioner List.
(1) This clause applies to any amendment (a
"relevant amendment" ) made to any of the other provisions of this Schedule by regulations made for the purposes of section 17(4) of this Act.
(2) A relevant amendment is taken not to apply in relation to--(a) proceedings entered in the Health Practitioner List, or(b) the exercise of Division functions in relation to such proceedings, or(c) appeals against Division decisions made in such proceedings.
(3) The provisions of this Schedule continue to apply in relation to such proceedings, functions and appeals as if the relevant amendment had not been made.
(4) Nothing in this clause affects that application of amendments made to this Schedule by an Act.
In this Division--
"Bar Association" means the New South Wales Bar Association.
"barrister" has the same meaning as in the Legal Profession Uniform Law (NSW)
.
"Commissioner" means the Legal Services Commissioner appointed under Division
2 of Part 3 of the Legal Profession Uniform Law Application Act 2014 .
"complaint" means a complaint under Chapter 5 of the Legal Profession Uniform
Law (NSW) .
"Council" means the Council of the Bar Association or the Council of the Law
Society.
"Law Society" means the Law Society of New South Wales.
"respondent lawyer" means the lawyer (within the meaning it has when used
alone in Chapter 5 of the Legal Profession Uniform Law (NSW) ) who is the
subject of a complaint.
"senior judicial officer" means any of the following--
(a) a Judge of the Supreme Court,
(b) a Judge of the District Court,
(c) a judicial officer of any other court or tribunal having an equivalent status (for the purposes of Part 9 of the Constitution Act 1902 ) to the Supreme Court or District Court.
The President may not designate a Division member to be the List Manager of a Division List for the Division to which proceedings for the purposes of the Legal Profession Uniform Law (NSW) or Public Notaries Act 1997 are to be entered unless the President has consulted with both the Bar Association and Law Society about the designation.
(1) This clause sets out the qualifications that Division members must have to participate in the exercise of Division functions for the purposes of the Legal Profession Uniform Law (NSW) and Public Notaries Act 1997 .
(2) A Division member has a
"judicial qualification" for the purposes of this Division if--(a) the member is a Deputy President who has been designated by the President as having that qualification, or(b) the member is a current or former senior judicial officer.
(3) A Division member has a
"professional qualification" for the purposes of this Division if the member is a barrister or solicitor who has been designated by the President as having that qualification.
(4) The President may, by written instrument, designate a Division member as having a judicial qualification or professional qualification only if--(a) in the case of a designation of a Deputy President as having a judicial qualification--the President has consulted with both the Bar Association and Law Society about the designation, or(b) in the case of a designation of a Division member as having a professional qualification--the President has consulted with the Bar Association (in the case of a barrister) or the Law Society (in the case of a solicitor) about the designation.
(5) The President may revoke a designation only if the President has consulted with the same body or bodies with which the President was required to consult in making the designation.
(1) The Tribunal, when conducting proceedings initiated under the Legal Profession Uniform Law (NSW) , section 300 in relation to a complaint, must be constituted with Division members in accordance with whichever of the following constitutions the President determines as being appropriate for the particular case--(a) in the case of a complaint against a barrister--(i) one member with a judicial qualification, one member with a professional qualification who is a barrister and one general member, or(ii) 2 members with a professional qualification who are barristers and one general member,(b) in the case of a complaint against a solicitor--(i) one member with a judicial qualification, one member with a professional qualification who is a solicitor and one general member, or(ii) 2 members with a professional qualification who are solicitors and one general member,(c) in the case of a complaint against a respondent lawyer who is neither a barrister nor a solicitor--any constitution specified in paragraph (a) or (b).
(2) The Tribunal, when exercising other Division functions for the purposes of the Legal Profession Uniform Law Application Act 2014 or the Legal Profession Uniform Law (NSW) , including making ancillary or interlocutory decisions of the Tribunal, must be constituted by 1 or more Division members, at least 1 of whom has a judicial qualification or a professional qualification.
The Tribunal, when exercising its substantive Division functions for the purposes of the application of Chapter 5 of the Legal Profession Uniform Law (NSW) under section 14 of the Public Notaries Act 1997 , is to be constituted by Division members as follows--
(a) in the case of a complaint against a public notary who is a barrister--(i) one member who is an Australian lawyer of at least 7 years' standing, and(ii) one member with a professional qualification who is a barrister, and(iii) one general member,
(b) in the case of a complaint against a public notary who is a solicitor--(i) one member who is an Australian lawyer of at least 7 years' standing, and(ii) one member with a professional qualification who is a solicitor, and(iii) one general member.
Despite section 38 of this Act, the Tribunal is to observe the rules of evidence in proceedings in exercise of a Division function for the purposes of the Legal Profession Uniform Law (NSW) or Public Notaries Act 1997 concerning a question of professional misconduct.
(1) The following persons are entitled to appear at a hearing conducted by the Tribunal for the exercise of a Division function for the purposes of the Legal Profession Uniform Law (NSW) --(a) in the case of an application for an administrative review of a decision made in relation to an Australian practising certificate or an Australian registration certificate--the applicant,(b) in the case of a complaint--the respondent lawyer,(c) in the case of a complaint against a barrister--the Council of the Bar Association,(d) in the case of a complaint against a solicitor--the Council of the Law Society,(e) in the case of a complaint where the respondent lawyer is neither a barrister nor a solicitor--either or both of the Councils,(f) the Commissioner,(g) the Attorney General.
(2) The complainant for a complaint is entitled to appear at the hearing in respect of the following aspects--(a) those aspects of the hearing that relate to a request by the complainant for a compensation order,(b) without limiting paragraph (a), those aspects of the hearing that relate to a review of a decision to make an order under section 299 (Determination by local regulatory authority--unsatisfactory professional conduct) of the Legal Profession Uniform Law (NSW) ,(c) other aspects of the hearing, but only if the Tribunal grants leave to the complainant to appear in respect of them.
(3) The Tribunal may grant leave to any other person to appear at the hearing if satisfied that it is appropriate for that person to appear at the hearing.
(4) Despite section 45 of this Act (and without limiting clause 27), a person who is entitled to appear at the hearing, or who is granted leave to appear at the hearing, may--(a) appear personally, or(b) be represented by an Australian legal practitioner without requiring the leave of the Tribunal, or(c) be represented by any other person with the leave of the Tribunal granted under section 45 of this Act.
(5) Any person who appears at a hearing (otherwise than as a witness) is taken to be a party to the proceedings concerned.
(1) All hearings conducted by the Tribunal into allegations of unsatisfactory professional conduct or professional misconduct for the purposes of the Legal Profession Uniform Law (NSW) are to be open to the public, unless the Tribunal decides to make an order under section 49 of this Act.
(2) In deciding whether to make an order under section 49 or 64 of this Act (and without affecting the generality of either section), the Tribunal is to have regard to the desirability of protecting from disclosure any material that is the subject of client legal privilege or any duty of confidentiality.
(3) Without limiting the generality of section 64 of this Act--(a) the Tribunal may, at any stage of the proceedings for the purposes of Part 11 of the Legal Profession Uniform Law Application Act 2014 , make orders regarding non-disclosure of information obtained under or for the purposes of that Part from or about a client of an Australian legal practitioner where the information is the subject of client legal privilege or any duty of confidentiality, and(b) the orders may apply to persons generally or to specified persons.
(4) This clause has effect whether or not the client has waived the client legal privilege or the benefit of the duty of confidentiality, and whether or not the information was obtained before or after the proceedings were commenced.
(1) Despite section 60 of this Act, the Tribunal must make orders requiring a respondent lawyer whom it has found to have engaged in unsatisfactory professional conduct or professional misconduct to pay costs (including costs of the Commissioner, a Council and the complainant), unless the Tribunal is satisfied that exceptional circumstances exist.
(2) The Tribunal may make orders requiring a respondent lawyer whom it has not found to have engaged in unsatisfactory professional conduct or professional misconduct to pay costs (including costs of the Commissioner, a Council and the complainant), if satisfied that--(a) the sole or principal reason why the proceedings were commenced in the Tribunal was a failure of the lawyer to co-operate with the Commissioner or a Council, or(b) the lawyer has contravened an order of the Tribunal made in the course of the proceedings concerned, or(c) there is some other reason warranting the making of an order in the particular circumstances.
(3) The Tribunal may make orders requiring payment of a respondent lawyer's costs from the Public Purpose Fund (within the meaning of the Legal Profession Uniform Law Application Act 2014 ), but may do so only if satisfied that the lawyer did not engage in unsatisfactory professional conduct or professional misconduct and the Tribunal considers that special circumstances warrant the making of the orders. The Tribunal is to have regard to the length and complexity of the proceedings when making a determination under this subclause.
(4) The Tribunal may make orders requiring a respondent lawyer in respect of whom proceedings are pending before the Tribunal to pay costs on an interlocutory or interim basis.
(5) The Tribunal may make orders requiring a person to pay costs (including, as appropriate, the costs of the Commissioner, a Council, the complainant and the respondent lawyer against whom the complaint was made), if satisfied that--(a) the person, whether before or during the proceedings, failed to produce or delayed in producing any document required or requested to be produced, and(b) the failure or delay contributed to delay in commencing, conducting or concluding the proceedings in such a way as to warrant the making of the orders.
(6) The Tribunal may fix the amount of costs itself or order that the amount of costs be assessed by a costs assessor under the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 ).
(7) An order for costs may specify the terms on which costs must be paid.
The Tribunal, when exercising its substantive Division functions for the purposes of section 29 of the Security Industry Act 1997 , is to be constituted by 1 Division member who is an Australian lawyer.
(1) The Tribunal, when exercising its substantive Division functions for the purposes of the Veterinary Practice Act 2003 , is to be constituted by 3 Division members as follows--(a) 1 member who is an Australian lawyer,(b) 1 member who is a veterinary practitioner but not an Australian lawyer,(c) 1 general member who is neither a veterinary practitioner nor an Australian lawyer.
(2) In this clause--
"veterinary practitioner" has the same meaning as in the Veterinary Practice Act 2003 .
(1) Despite section 60 of this Act, the Tribunal must order costs against a veterinary practitioner in proceedings for the purposes of the Veterinary Practice Act 2003 in any of the following circumstances unless the Tribunal is satisfied that exceptional circumstances exist--(a) if the Tribunal affirms a disciplinary finding against a practitioner in proceedings for the purposes of section 48 of the Veterinary Practice Act 2003 ,(b) if the Tribunal considers that the matter of the complaint against a veterinary practitioner has been proved, or has not been proved to the satisfaction of the Tribunal, but the Tribunal nevertheless considers that the conduct of the veterinary practitioner was sufficiently unacceptable to warrant the making of the complaint.
(2) This clause does not limit the power of the Tribunal to order costs in proceedings for a Division decision for the purposes of that Act in other circumstances.
Despite section 45 of this Act, a party to proceedings for the exercise of a Division function is entitled to be represented by an Australian legal practitioner without requiring the leave of the Tribunal.
Note : The leave of the Tribunal will, however, be required under section 45 of this Act in other cases.
(1) The Tribunal is not required to include confidential information in any statement of reasons it gives under this Act for any of the following Division decisions--(a) a decision for the purposes of the Architects Act 2003 concerning an architect or former architect,(b) a decision for the purposes of the Building and Development Certifiers Act 2018 concerning a registered certifier or an accreditation authority or a former registered certifier or former accreditation authority,(c) a decision for the purposes of the Health Practitioner Regulation National Law (NSW) concerning a health practitioner or former health practitioner,(d) a decision for the purposes of the Legal Profession Uniform Law (NSW) concerning a lawyer (within the meaning it has when used alone in Chapter 5 of that Law),(e) a decision for the purposes of the Veterinary Practice Act 2003 concerning a veterinary practitioner or former veterinary practitioner,(f) a decision for the purposes of the Design and Building Practitioners Act 2020 concerning a registered practitioner or former registered practitioner.
(2) If a statement would be false or misleading if it did not include the confidential information, the Tribunal is not required to provide the statement.
(3) When confidential information is not included in the statement of a decision provided to a person or the statement is not provided to a person because of this clause, the Tribunal must give a confidential information notice to the person.
(4) A
"confidential information notice" is a notice that indicates that confidential information is not included or that the statement will not be provided (as appropriate) and gives the reasons for this. The notice must be in writing and must be given within one month after the decision is made.
(5) This clause does not affect the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.
(6) In this clause--
"confidential information" means information that--(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and(b) relates to the personal or business affairs of a person, other than a person to whom the Tribunal is required (or would, but for this clause, be required) to provide a written statement of a decision, and(c) is information--(i) that was supplied in confidence, or(ii) the publication of which would reveal a trade secret, or(iii) that was provided in compliance with a duty imposed by any legislation, or(iv) the provision of which by the Tribunal would be in breach of any legislation.
(1) Profession decisions not internally appealable Despite section 32 of this Act, each of the following Division decisions (a
"profession decision" ) is not an internally appealable decision for the purposes of an internal appeal--(a) a decision for the purposes of the Aboriginal Land Rights Act 1983 other than--(i) a decision for the purposes of section 204 of that Act not to conduct proceedings into a complaint, or(ii) a decision for the purposes of section 205 of that Act to determine proceedings into a complaint without a hearing,(b) a decision for the purposes of the Architects Act 2003 ,(c) a decision for the purposes of the Building and Development Certifiers Act 2018 ,(d) a decision for the purposes of the Health Practitioner Regulation National Law (NSW) (other than a decision for the purposes of clause 13 of Schedule 5F to that Law),(e) a decision for the purposes of the Legal Profession Uniform Law (NSW) ,(f) a decision for the purposes of the Local Government Act 1993 other than--(i) a decision for the purposes of section 469 of that Act not to conduct proceedings into a complaint, or(ii) a decision for the purposes of section 470 of that Act to determine proceedings into a complaint without a hearing,(g) a decision for the purposes of the Surveying and Spatial Information Act 2002 ,(h) a decision for the purposes of the Veterinary Practice Act 2003 ,(i) a decision for the purposes of the Design and Building Practitioners Act 2020 .Note : A Division decision other than a profession decision that is a general decision or administrative review decision may be subject to an internal appeal. See section 32 and Division 2 of Part 6 of the Act.
(2) Right to appeal to Supreme Court or Land and Environment Court However, a party to proceedings in which a profession decision is made may appeal against the decision in accordance with this clause to--(a) in the case of an order for the purposes of Division 3 of Part 5 or Division 4 of Part 7 of the Aboriginal Land Rights Act 1983 declaring a vacancy in an office--the Land and Environment Court, and(b) in the case of any other decision--the Supreme Court.
(3) Despite subclause (2), an appeal does not lie with respect to any of the following Division decisions--(a) a decision made for the purposes of section 89(2) of the Legal Profession Uniform Law Application Act 2014 ,(b) any other decision of a kind prescribed by the regulations made for the purposes of that Act.
(4) Basis or grounds for appeal An appeal to a court under this clause--(a) in the case of an appeal against a decision for the purposes of the Legal Profession Uniform Law (NSW) --is an appeal to which section 75A of the Supreme Court Act 1970 applies and, accordingly, is by way of a rehearing rather than a new (de novo) hearing, and(b) in the case of any other appeal (a
"non-lawyer appeal" )--may be made as of right on any question of law, or with the leave of the court, on any other grounds.Note : See also section 84 (Practice and procedure for appeals to courts under this Act).
(5) Subclause (4)(a) does not affect the provisions of section 75A of the Supreme Court Act 1970 relating to the receipt of evidence by the Supreme Court.
(6) Leave required in certain cases Despite subclauses (2)-(5), an appeal does not lie to a court under this clause against any of the following decisions except by leave of the court--(a) an interlocutory decision of the Tribunal,(b) a decision made with the consent of the parties,(c) a decision as to costs.
(7) Non-lawyer appeals The court in a non-lawyer appeal may--(a) decide to deal with the appeal by way of a new hearing if it considers that the grounds for the appeal warrant a new hearing, and(b) permit such fresh evidence, or evidence in addition to or in substitution for the evidence received by the Tribunal at first instance, to be given in the new hearing as it considers appropriate in the circumstances.
(8) In determining a non-lawyer appeal, the court may make such orders as it considers appropriate in light of its decision on the appeal, including (but not limited to) orders that provide for any one or more of the following--(a) the decision under appeal to be confirmed, affirmed or varied,(b) the decision under appeal to be quashed or set aside,(c) the decision under appeal to be quashed or set aside and for another decision to be substituted for it,(d) the whole or any part of the case to be reconsidered by the Tribunal at first instance, either with or without further evidence, in accordance with the directions of the court.
(9) Effect of appeal on profession decision Subject to any interlocutory order made by the court concerned, an appeal under this clause does not affect the operation of the Division decision under appeal or prevent the taking of action to implement the decision.