Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 247

247 .         Appeal against arbitrator’s decision made under Part XI

        (1)         If written reasons for an arbitrator’s decision under Part XI in respect of a dispute are given to a party to the dispute (whether as required by section 213(3) or otherwise), the party may, with the leave of the District Court, appeal to the District Court against the decision.

        (2)         Subject to subsection (3), the District Court is not to grant leave to appeal unless —

            (a)         in the case of an appeal in which an amount of compensation is at issue —

                  (i)         a question of law is involved and the amount at issue in the appeal is both —

                        (I)         at least $5 000 or such other amount as may be prescribed by the regulations; and

        (II)         at least 20% of the amount awarded in the decision appealed against;

                or

                  (ii)         a question of law is involved and, in the opinion of the District Court, the matter is of such importance that, in the public interest, an appeal should lie;

                and

            (b)         in any other case, a question of law is involved.

        [(3)         deleted]

        (4)         An application for leave to appeal cannot be made later than 28 days after the day on which the written reasons for the decision appealed against were given to the party making the application.

        (5)         An appeal under this section is to be by way of review of the decision appealed against and, except as provided by this Part or section 267, is to be conducted in accordance with the rules of court of the District Court.

        (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 cannot be given on an appeal to the District Court except with the leave of the District Court.

        (7)         On hearing an appeal made under this section, the District Court may —

            (a)         affirm, vary, or quash the decision appealed against, or substitute, and make in addition, any decision that should have been made in the first instance; and

            (b)         subject to section 267, make any further or other decision, as to costs or otherwise, as the District Court thinks fit.

        [Section 247 inserted: No. 42 of 2004 s. 130; amended: No. 16 of 2005 s. 27; No. 31 of 2011 s. 15.]

[ 248, 249.         Deleted: No. 31 of 2011 s. 16.]