New South Wales Consolidated Acts
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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 352
Appeal against decision of Commission constituted by non-presidential member
(1) A party to a dispute in connection with a claim for compensation may
appeal to the Commission constituted by a presidential member against a
decision in respect of the dispute by the Commission constituted by a
(2) An appeal is to be made by application to the
(2A) The appeal is not to proceed unless the President is
satisfied that the procedural requirements of this section and any applicable
Commission rules and regulations as to the making of an appeal have been
(2B) The President is not required to be satisfied as to the
substance of the appeal.
(3) There is no appeal under this section unless the
amount of compensation at issue on the appeal is both--
(a) at least $5,000
(or such other amount as may be prescribed by the regulations), and
least 20% of the amount awarded in the decision appealed against.
is no appeal under this section against an interlocutory decision except with
the leave of the Commission. The Commission is not to grant leave unless of
the opinion that determining the appeal is necessary or desirable for the
proper and effective determination of the dispute.
(4) An appeal can only be
made within 28 days after the making of the decision appealed against.
appeal under this section is limited to a determination of whether the
decision appealed against was or was not affected by any error of fact, law or
discretion, and to the correction of any such error. The appeal is not a
review or new hearing.
(5A) An appeal under this section stays the operation
of the decision appealed against pending the determination of the appeal.
However, an appeal does not stay or otherwise affect the operation of a
decision as to weekly payments of compensation and weekly payments of
compensation remain payable despite any appeal.
(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 may not be given on an
appeal to the Commission except with the leave of the Commission. The
Commission is not to grant leave unless satisfied that the evidence concerned
was not available to the party, and could not reasonably have been obtained by
the party, before the proceedings concerned or that failure to grant leave
would cause substantial injustice in the case.
(6A) On appeal, the decision
may be confirmed or may be revoked and a new decision made in its place.
Alternatively, the matter may be remitted back to the non-presidential member
concerned, or to another non-presidential member, for determination in
accordance with any decision or directions of the Commission (including, in
the case of a decision about the degree of permanent impairment resulting from
an injury, a direction to refer the matter for assessment by a
medical assessor under Part 7).
(7A) Clause 2 of Schedule 2 to the Legal
Profession Uniform Law Application Act 2014 applies to and in respect of the
provision of legal services in connection with an appeal to the Commission
under this section in the same way as it applies to and in respect of the
provision of legal services in connection with a claim or defence of a claim
for damages referred to in that clause.
Note : Clause 2 of Schedule 2 to the
Legal Profession Uniform Law Application Act 2014 prohibits a law practice
from providing legal services in connection with a claim or defence unless a
legal practitioner associate responsible for the provision of those services
believes, on the basis of provable facts and a reasonably arguable view of the
law, that the claim or defence has reasonable prospects of success.
"decision" includes an award, interim award, order, determination, ruling and
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