New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 351

351 Reference of question of law on compensation claim to Commission constituted by presidential member

(1) A question of law arising in proceedings under the Workers Compensation Acts before the Commission constituted by a non-presidential member may, with the leave of the President, be referred by the member for the opinion of the Commission constituted by the President.

(2) The reference of a question under this section may be made on the application of a party to the proceedings or of the non-presidential member's own motion.

(3) The President is not to grant leave for the referral of a question of law under this section unless satisfied that the question involves a novel or complex question of law.

(4) If the President refuses to grant leave for the referral of a question of law under this section, the President must state his or her reasons in writing to the parties for the refusal.

(5) Despite the reference of a question under this section, the Commission constituted by a non-presidential member may make an award in the matter in which the question arose unless the question is the question of whether the Commission may exercise functions under this Act in relation to a matter.

(6) On the determination of a question referred to the Commission under this section--

(a) if an award has not been made in the matter in which the question arose, an award may be made that is not inconsistent with the opinion of the Commission on the question, or

(b) if an award has been made in the matter in which the question arose, the award must be varied in such a way as will make it consistent with the opinion of the Commission on the question.

(7) The reference of a question of law under this section may be by stating a case on a question of law.

(8) The President may delegate to a Deputy President any function of the President under this section (except this power of delegation), but only if the President is satisfied that the delegation is necessary to avoid a conflict of interest or the appearance of bias.