Western Australian Current Acts Western Australian Current Acts (1) In considering an
appeal, an appeals committee —
(a)
shall consult —
(i)
the CEO in the case of an appeal against a decision of
the CEO; and
(ii)
the Authority in the case of an appeal against a decision
of the Minister or the Authority; and
(iii)
the appellant;
and
(aa) may
consult such other persons as it considers necessary; and
(b)
shall act according to equity, good conscience and the substantial merits of
the case, without regard to technicalities or legal forms, shall not be bound
by any rules of evidence and may conduct its inquiries in whatever manner it
considers appropriate.
(1a) In relation to an
appeal lodged under section 101A(2) in respect of the amendment of a clearing
permit under section 51K(1)(a) or (b), an appeals committee shall not
consider, or make recommendations in respect of, a matter which is not
directly related to or consequential to that amendment.
(2) In relation to an
appeal lodged under section 102(2) in respect of the amendment of a licence
under section 59(1)(a) or (b), an appeals committee shall not consider, or
make recommendations in respect of, a matter which is not directly related to
or consequential to that amendment.
(3) On completing its
consideration of an appeal, an appeals committee shall, subject to subsection
(4), report to the Minister on its findings and recommendations in respect of
the appeal, and the Minister shall allow or dismiss the appeal —
(a) if
the appeal is from a decision of the Minister, in accordance with; or
(b) if
the appeal is from a decision other than a decision of the Minister, having
regard to,
those recommendations
and the decision of the Minister under this subsection shall be final and
without appeal.
(4) An appeals
committee shall not in reporting to the Minister under subsection (3) make any
recommendation that conflicts with any approved policy or with any standard
prescribed by or under this Act.
[Section 109 amended: No. 54 of 2003 s. 84, 103
and 114.]