Western Australian Current Acts

STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 59

59 .         Questions of law, deciding

        (1)         In this section —

        question of law means a question of law arising in a proceeding for decision by the Tribunal and includes a question of mixed law and fact.

        (2)         Subject to subsection (10), a question of law is decided by the Tribunal according to the opinion of the presiding member if that member is a legally qualified member.

        (3)         If the presiding member is not a legally qualified member but there is at least one sitting member who is a legally qualified member, a question of law is decided by the Tribunal according to the opinion of that legally qualified member, or according to the unanimous opinion of those legally qualified members if there are 2 or more of them.

        (4)         The presiding member may choose to refer a question of law to the President whether or not the question has been decided under subsection (2) or (3).

        (5)         If subsection (3) applies to a question of law, the presiding member is to refer the question to the President if —

            (a)         the presiding member is requested to do so by a sitting member who is a legally qualified member (whether or not the question has been decided under subsection (3)); or

            (b)         for any reason the question has not been decided under subsection (3).

        (6)         Subsection (2) no longer applies to a question of law if the question is referred to the President under subsection (4).

        (7)         Subsection (3) no longer applies to a question of law if the question is referred to the President under subsection (4) or (5).

        (8)         If no sitting member is a legally qualified member, the presiding member is to refer a question of law to the President.

        (9)         Subsection (10) applies to the resolution of a question of law if the presiding member is the President or the question is referred to the President under subsection (4), (5) or (8).

        (10)         If this subsection applies to a question of law —

            (a)         the question is decided by the Tribunal according to the opinion of the President or, if the President gives the question to another legally qualified member of the Tribunal for resolution, according to the opinion of that other member; or

            (b)         the President may refer the question to the Supreme Court for decision by the Supreme Court as long as it is not a question of mixed law and fact.