Western Australian Current Acts Western Australian Current Acts (1) A party to a
proceeding may appeal from a decision of the Tribunal in the proceeding, but
only if the court to which the appeal lies gives leave to appeal.
(2) The appeal can
only be brought on a question of law.
(3) The appeal lies to
—
(a) the
Court of Appeal, if the decision was made by —
(i)
a judicial member; or
(ii)
the Tribunal constituted by members who include a
judicial member;
(b) the
Supreme Court exercising its other jurisdiction, in any other case.
[(4) deleted]
(5) An application for
leave to appeal has to be made in accordance with the rules of the Supreme
Court and within the period of 28 days after —
(a) the
day on which the Tribunal’s decision is given; or
(b) if
the Tribunal gives its decision without giving written reasons for its
decision and the party then requests it to give written reasons under
section 78, the day on which the written reasons are given to the party.
(6) If leave is
granted, the appeal has to be instituted in accordance with the rules of the
Supreme Court and within the period of 21 days after the day on which leave is
granted.
(7) The court to which
the appeal lies may extend a time limit fixed by this section, and the
extension may be given even though the time limit has passed.
(8) A party
instituting an appeal is to notify the executive officer but the Tribunal is
not a party to the appeal and nor is any Tribunal member.
(9) The court dealing
with the appeal may —
(a)
affirm, vary, or set aside the decision of the Tribunal; or
(b) make
any decision that the Tribunal could have made in the proceeding; or
(c) send
the matter back to the Tribunal for reconsideration, either with or without
the hearing of further evidence, in accordance with any directions or
recommendations that the court considers appropriate,
and, in any case, may
make any order the court considers appropriate.
(10) If the court
sends the matter back to the Tribunal under subsection (9)(c), it is to give
directions as to whether or not the Tribunal reconsidering the matter is to be
constituted by the member or members who made the original decision.
(11) If the
Tribunal’s decision is made in a proceeding prescribed by the
regulations, a party cannot apply for leave to appeal under this section
unless the party agrees to indemnify each other party to the proceeding
against that other party’s reasonable legal costs of the appeal.
(12) In the case of a
decision in a proceeding coming within the Tribunal’s review
jurisdiction, any leave to appeal granted to the decision-maker is to be
granted on the condition that the costs of each other party are to be met by
the decision-maker, unless the court considers that it would be unjust or
unreasonable to impose that condition, whether generally or in respect of the
costs of a particular party.
(13) Despite
subsection (2), if the Tribunal’s decision —
(a) is
made under a relevant Act or in a proceeding for the review of a decision made
under a relevant Act; and
(b) has
the effect of depriving a person of the person’s capacity to lawfully
pursue a vocation,
an appeal under this
section may be brought on any ground whether it involves a question of law, a
question of fact or a question of mixed law and fact.
(14) In subsection
(13) —
relevant Act means —
(a) an
Act specified in Schedule 1, if it is an enabling Act; or
(b) an
enabling Act prescribed by the regulations for the purposes of subsection
(13).
[Section 105 amended: No. 45 of 2004 s. 37.]