New South Wales Consolidated Acts
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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 352
Appeal against decision of Commission constituted by non-presidential member
(1) A party to a dispute in connection with a claim for compensation may
appeal to the Commission constituted by a presidential member against a
decision in respect of the dispute by the Commission constituted by a
(2) An appeal is to be made by application to the
(2A) The appeal is not to proceed unless the President is
satisfied that the procedural requirements of this section and any applicable
Commission rules and regulations as to the making of an appeal have been
(2B) The President is not required to be satisfied as to the
substance of the appeal.
(3) There is no appeal under this section unless the
amount of compensation at issue on the appeal is both--
(a) at least $5,000
(or such other amount as may be prescribed by the regulations), and
least 20% of the amount awarded in the decision appealed against.
is no appeal under this section against an interlocutory decision except with
the leave of the Commission. The Commission is not to grant leave unless of
the opinion that determining the appeal is necessary or desirable for the
proper and effective determination of the dispute.
(4) The appeal must be
(a) 28 days after the decision appealed against is made, or
a longer period determined or allowed, whether generally or for the kind of
proceedings, in accordance with the Commission rules.
(5) An appeal under
this section is limited to a determination of whether the decision appealed
against was or was not affected by any error of fact, law or discretion, and
to the correction of any such error. The appeal is not a review or new
(5A) An appeal under this section stays the operation of the
decision appealed against pending the determination of the appeal. However, an
appeal does not stay or otherwise affect the operation of a decision as to
weekly payments of compensation and weekly payments of compensation remain
payable despite any appeal.
(6) Evidence that is fresh evidence or evidence
in addition to or in substitution for the evidence received in relation to the
decision appealed against may not be given on an appeal to the Commission
except with the leave of the Commission. The Commission is not to grant leave
unless satisfied that the evidence concerned was not available to the party,
and could not reasonably have been obtained by the party, before the
proceedings concerned or that failure to grant leave would cause substantial
injustice in the case.
(6A) On appeal, the decision may be confirmed or may
be revoked and a new decision made in its place.
(7) Alternatively, the
matter may be remitted back to the non-presidential member concerned, or to
another non-presidential member, for determination in accordance with any
decision or directions of the Commission (including, in the case of a decision
about the degree of permanent impairment resulting from an injury, a direction
to refer the matter for assessment by a medical assessor under Part 7).
Clause 2 of Schedule 2 to the Legal Profession Uniform Law Application Act
2014 applies to and in respect of the provision of legal services in
connection with an appeal to the Commission under this section in the same way
as it applies to and in respect of the provision of legal services in
connection with a claim or defence of a claim for damages referred to in that
Note : Clause 2 of Schedule 2 to the Legal Profession Uniform Law
Application Act 2014 prohibits a law practice from providing legal services in
connection with a claim or defence unless a legal practitioner associate
responsible for the provision of those services believes, on the basis of
provable facts and a reasonably arguable view of the law, that the claim or
defence has reasonable prospects of success.
(8) In this section,
"decision" includes an award, interim award, order, determination, ruling and
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