Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 195

195 Appeals to Supreme Court

(1) A person may appeal against a decision of a presiding officer given under section 194 (3) (b) if—

(a) the person applies for leave to appeal the decision within 7 court days after the person is given the presiding officer’s reasons for decision; and

(b) the Supreme Court grants leave to appeal.

(2) The Supreme Court may grant leave to appeal only if the court is satisfied—

(a) if the appeal relates to a document or thing—the document or thing has been given to the commission and placed in safe custody; and

(b) in all cases—the appeal has a significant prospect of success or there is some important question of law involved.

(3) An application for leave to appeal must state the grounds of the application.

(4) The Supreme Court must deal with an application for leave to appeal and the appeal expeditiously.

(5) On hearing the appeal, the Supreme Court may make an order—

(a) affirming the presiding officer’s decision; or

(b) setting aside the presiding officer’s decision.

(6) If the court affirms the presiding officer’s decision about a document or thing, the commission may access the document or thing.

(7) If the court sets aside the decision about a document or thing, the court must make an order directing that the document or thing be delivered to the person.

(8) A person may appeal only once under subsection (1) in relation to a particular reasonable excuse claimed by the person for not answering a question or producing a document or thing at a commission hearing.

(9) An application for leave to appeal, and an appeal, under this section are to be heard in closed court.

Note—

See also section 200A in relation to the confidentiality of proceedings under this section.

(10) However, the court may permit a person to be present at a hearing for the application for leave to appeal, or appeal, in the interests of justice.